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1912.
CONGRESSIONAL RECORD— SENATE.
By Mr. O LIV ER :
A bill (S. 6750) granting an increase of pension to Arnold
Bloom (with accompanj’ing papers) ; to the Committee on
Pensions.
By Mr. CATRON:
A bill (S. 6751^ relative to the powers and duties of United
States surveyors general; to the Committee on Public Lands.
By Mr. CUMMINS :
f
A bill (S. 6752) granting an increase o f pension to George
B. Turney (with accompanying paper) ; to the Committee on
Pensions.
'*
s
By Mr. DU PON T:
A bill (S. 6753) for the relief of the lieirs.of John W. Massey;
to the Committee on Claims.
A bill (S. 6754) granting an increase of pension to George
E lliott; to the Committee on Pensions. '
By Mr. GUGGENHEIM:
A bill (S. 6755) grafting an increase of pension to Jane Hub
bard ; to the Committee on Pension^.
By Mr. B R A D LE Y :
A bill (S. 6756) granting an increase of pension to John T.
Craddock (with accompanying paper) ; to the Committee on
Pensions.
*
AM END M EN T TO M IL IT A R Y .A C A D E M Y APPROPRIATION BILL.
Mr. DU PONT submitted Jill amendment providing that here
after graduates of the Military Academy shall receive mileage
as authorized by law for juicers of the Army, from West Point,
N. Y., to the station wjtficli they first join for duty, etc., in
tended to be proposed Ify him to the Military Academy appro
priation bill, which w r e f e r r e d to the Committee on Military
Affairs and ordered to be printed. ' .
(T H E M ETAL SCIIEtJtJLE.
Mr. WATSON submitted an amendment intended to be pro
posed by him to the bill (H. R. 18642) toHamend an act entitled
“ An act to provide revenue, equalize dutii\ and encourage the
Industries of thflr United States, and for oth%r purposes,” which
was ordered tojfie on the table and be printed.
%
DRY-LAND HOMESTEADS.
Mr. IIEYBjtJRN submitted the following resolution (S. Res.
306), which? was read, considered by unanimousconsent, and
agreed t o : /
llrsolv c(lf\ '\ m t the Secretary of the Interior be, and is heteby, directed
to furnisiufthe Senate with full information as to the number of home
stead ent/ies and the additions to existing homesteads ma$Jo in each
State a n / in the aggregate under the enlarged homestead acts approved
Februarj 19, 1909, and June 17, 1910.
/
RECALL OF JUDGES
( S. DOC. NO. G 1 0 ) .
Muf LODGE. I present a brief argument in opposition to the
recall of judges, by Rome G. Brown, of Minneapolis, Minn., pre
sented before the Minnesota State Bar Association at its annual
meeting at Duluth, Minn., July 30, 3911. I ask that the argu
ment be printed as a Senate document.
The YJCE P R E S ID E N T . - VYithuyt objection, an order there
for will he entered.
IN IT IATIV E AND REFERENDUM
( S. DOC. NO. G 5 l ) .
Mr. OWEN. I present a memorial by C. F. Taylor, editor of
the Equity Series, on the initiative and referendum and the
fundamental error in the reasoning set forth in the argument
found in certain Senate documents. I ask that the memorial be
printed as a Senate document.
Tlj.p Y {gE P R E .^ IE X T . Without objection, it is soorj^jjad:
S --i ATE AMENDMENTS TO AlUUTRvfr^x'"TREATIES' (s'. 'i)n<\ NO. U.'.-l).
I
Mr. HITCHCOCK. I ask to have printed as a Senate docu
ment an article which appeared in the North American Review
for the current month of May by the senior Senator from
Georgia, Hon. A u g u s t u s O . B a c o n , on the subject of the Senate
amendments to the arbitration treaties. I will submit the ar
ticle later.
The VICE PRESIDENT. Without objection, the order will
be entered as requested.
BILLS OF LADING
( S . DOC. NO. G 0 0 ) .
Mr. CLAPP. I ask that the hearings before the Committee
on Interstate Commerce, United States Senate, Sixty-second
Congress, on the bill (S. 4713) relating to bills of lading in
commerce with foreign nations and among the several States,
and the bill (S. &57) relating to bills of lading, being parts 1,
2, and 3, be printed as a Senate document.
The VICE PRESIDENT. Without objection, an order there
for will be entered.
H OUSE BILL REFERRED.
II. II. 5602. An act authorizing the Leo N. Levi Memorial
Hospital Association to occupy and construct buildings for the
6055
use o f the corporation on lots Nos. 3 and 4, block No. 334, in
the city of Hot Springs, Ark., was read twice by its title and
referred to the Committee on Public Lands.
B R ID G E A C R O S S
T IIE
B IG
SAN DY
R IV E R .
The VICE PRESIDENT laid before the Senate the amend
ments o f the House of Representatives to the bill (S. 6367) to
authorize the Williamson & Pond Creek Railroad Co. to con
struct a bridge across the Tug Fork of the Big Sandy River
at or near Williamson, Mingo County, W. Va., which were, on
page 1, line 6, to strike out “ railroad” ; and on page 3, line 8*.
after “ at,” to insert “ a point suitable to the interests of navi
gation.”
0r
Mr. NELSON. I move that the Senate concur in the amend
ments of the House.
The motion was agreed to.
SENATOR FROM ILLINO IS.
Mr. BRISTOW. Mr. President, I should like to inquire of
the chairman of the Committee on Privileges and fle c t io n s
when we shall have a report on the Lorimer case? ’ •
Mr. DILLINGHAM. Mr. President, I hope by thqwnd of this
week the report will be completed. It is in a gif>od state of
progress. We have devoted a great deal of timcuTo it in order
to condense the information and get it in presentable form. I
expect we shall be able to complete the report during the pres
ent week.
Mr. BRISTOW. I make the inquiry because it has been now
three months to-day, if I remember riglitly^fsince the hearings
closed, or since the case was closed. Senators have had the
abstract o f evidence for many weeks. Th£ session is approach
ing summer, and I do not think the Senate should adjourn
without action oh this case. It seems to me—a year practically
has now passed since the case was referred to the committee—
that we should have had a report scpHer, and I had in mind a
motion asking the committee to maJce a report not later than
Monday next. I believe I will make that motion. I move that
the Senate request the Conunitte^fon Privileges and Elections
to file its report in the Lorimedrcase not later than Monday
next.
M
The VICE PRESIDENT. The Senator from Kansas moves
tha£ the Committee on Privileges and Elections be requested to
make the report in the Lorimer case on or before Monday n.ext.
Mr. CULBERSON. We have been unable on this side of the
Chamber to hear the Senator from Vermont [Mr. D i l l i n g h a m ] .
I should like to ask him to repeat substantially his statement, if
he will do so.
Mr. DILLINGHAM. Mr. President, I have no apologies what
ever to make for any delgy there has been in filing the report
in the Lorimer case. True it is, as the Senator from Kansas
[Mr. B r i s t o w ] has said, that case was referred to our com
mittee nearly a year ago. The committee has substantially
devoted five months—of course, with interruptions—to the in
vestigation. One hundred and two full working days were given
to public hearings in. that case and over ISO different witnesses
were summoned anditexamined before the committee. In addi
tion to that, a larg# volume of documentary evidence was reeived. That evidence was printed and it has been presented
the Senate in ®ght volumes, containing nearly 9,000 pages
testimony. AjFer the hearings closed, time was given to
unsel to file bi/efs in the case, first, with respect to the law,
nd, secondly, with respect to the facts. Those briefs were
filed probably s?x weeks ago, more or less; I do not know. I
did not attempt to take up the work of drawing a report until
the briefs were filed. Then I was called away from the city
twice, once oh public business and once for the same reason
that almostCevery Senator has left the Chamber and has left
the city during ‘the present session. Other members of the
committee Jiave been out o f the city. It has been almost im
possible to bring them together for a consideration of certain
questions’that needed to be considered. I have devoted more
work to the affairs of the Senate this winter than I ever did
in any previous winter in my experience here. I have worked
evenings as well as days.
As I said when I began, I have no apologies to offer for any
delay there has been in making the report. The report has
b een enormously expensive to the Government; it has been
made upon newly discovered evidence, so called; it has required
a great deal o f time to go through these volumes, to harmonize
the testimony of different witnesses, to eliminate that which
seemed to be false, to reach the kernel of the truth, and try to
present it to the Senate.
I do not relish the criticism that came from the Senator from
Kansas; t do not accept it as rebuke. I read in the Chicago
Tribune of the 30th of April that some movement of this kind
was to be taken; I have been expecting it since that time. I
6056
-*»' i
CONGRESSIONAL RECORD— SENAT; "J .
Mat 8
IILITARY ACADEMY CADETS.
say now that the work of drawing the report is well advanced.
sident, yesterday I objected to the conThe majority of the committee are holding meetings twice and
; resolution 99 because it did not cover
three timfes a week, and last night were together until nearly
et, whose name I was informed would
midnight in connection with this work. I f it has come to that
time I have carefully looked into the
ir> this Senate, that men who like to stand for character in a
hat the cadets included by the joint
matter of this importance are to be criticized for delay, I must
I for committing the same offense as
submit; but I want to say for the committee that has been back
, they were tried at a different time,
of me—if I do not say it for myself—that I have never heard a
ssist the cadet living in the State pf
suggestion of delay. I do not "think that the thought has ever
idraw my objection and hope the Senentered the mind of any member of the committee that there
:onsent to consider the joint resolution
has ever been any purpose to delay its report beyond a point
where it was necessary to go in order to present an intelligent at this timei
report to this body. The charge that there is an intention of
The V IC / PRESIDENT. The Senator from Kansas asks
throwing the matter over until next winter is false. The Sen unanimou^consent for the present consideration of a joint reso
ate can do what they please about this motion.
lution, th /title of which will be stated.
Mr. CULBERSON. Mr. President-----The S j/ r e t a r y . A joint resolution (S. J. Res. 99) authoriz
Mr. DILLINGHAM. I beg pardon of the Senator from ing the/tTesident to reassemble the court-martial which, on
Texas. I said in opening—and I forgot to repeat it in answer A ugus/IG ,1911, tried Ralph I. Sasse, Ellicott II. Freeland, Tatt
to his inquiry—that the report is so far advanced that I ex nall TM Simpkins, and James D. Christian, cadets of the Corps
pected it would be completed during the present week.
of CJraets of the United States Military Academy, and senMr. CULBERSON. That is what I wanted to understand.
tendnl them.
Mr. KENYON. Mr. President, the inquiry of the Senator
r. GALLINGER. Mr. President, before action is taken on
from Kansas was not directed to the minority of the Committee
joint resolution I should like the Senator having it in charge
on Privileges and Elections, as I understand; but I want to
tell just what offense these young men committed. I recall
say on behalf of the minority that their report is ready. There
e fact that, perhaps, two or three years ago we restored some
are, however, no rules of the Senate, as I understand, by which
#young men, I think, to the Naval Academy, by act of Congress,
a minority report can be tiled.
g]
Without any spirit of criticism of the record in this case, tl#| and there was very severe criticism of that action; in fact, it
dates would seem to indicate that a report ought soon to jffe was stated to me by some of the officers of that academy that it
filed. The investigation was ordered on June 7, 1911; hearings greatly demoralized the academy and was a great detriment to
were commenced on June 20, 1911, and were closed on Febrjjh ry the service. I have not had time to look at the report in this
9, 1912; briefs on the law wefe to be filed hy March 1; j^-iefs case, if there is any, but I should like a brief statement made as
on the facts by March 15; and the last brief was filed on Jaarch to the real offense or offenses committed by these young men.
Mr. CURTIS. Mr. President, before the statement is made
17. It is, therefore, three months since thc^ testimony/closed
and 52 days since the last brief was filed. It ’would sj&n that by the chairman of the committee, I desire to explain to the
some time ought to be fixed for a report—not any immediate Senate why I asked unanimous consent for the present con
time, if more time is necessary—but simply that^om e time sideration of the joint resolution. The joint resolution was
taken up yesterday, and would have passed but for the objec
ought to be fixed.
-j r
tion which I made. I made the objection because the joint
Mr. HEYBURN. Mr. President-----9
The VICE PRESIDENT. Does the Senator fjpm Iowa yield resolution did not include a cadet who had been dismissed from
the academy, and who lived in the State of Kansas, whom I had
to the Senator from Idaho?
M
expected would be included in the provisions of the joint reso
Mr. KENYON. I yield.
g
Mr. HEYBURN. I should like to ask the Jfenator from Iowa lution. After looking up the case, I have found that it would
a question. Under what rule of this bofiy/does the document do no good to include him in this joint resolution, because no
relief could be given; and I thought it only proper, therefore, to
denominated a “ minority report” come?
\
Mr. KENYON. I understand that it isyinerely a presentation ask unanimous consent for the present consideration of the
joint resolution, inasmuch as it had gone over yesterday upon
of the views of the minority.
'
/ \
Mr. HEYBURN. It is not providedJtor by any rule of this my objection.
Mr. DU PONT. Mr. President, the old regulations of the
body, nor is it recognized otherwise, jrfld it should not be. The
majority of a committee is the cornier!:tee. I merely make that Military Academy, among other things, provided as follow s:
intoxicating liquor, or bring
suggestion. I hope the time is close at hand when these docu ^or No cadet shall drink any spirituous or the cadet limits, or have the
cause the same to he brought within
ments called “ minority reports ” will pass out of existence.
same in his room, tent, or otherwise in his possession, upon pain of
Mr. KENYON. I do not thig^k they will pass out in the being dismissed the service.
Senator’s time or mine.
/
It will be observed that this is a very stringent regulation and
Mr. HEYBURN. They m a y /
that it goes very far. The new regulations which were ap
Mr. BRISTOW. Mr. President, the Senator from Vermont proved by the Secretary of War on the 15th of June last, and
[Mr. D i l l i n g h a m ] seemed t# exhibit some warmth in replying as su^li have the force of law, provide as follows :
to a suggestion that I had Jnade. I do not care to criticize the
Cade’te who shall drink or be found under the influence of intoxicat
Committee on Privileges y d Elections, but I do feel that there ing liquor, or bring or cause the same to be brought within the cadet
limits, or'whave
should be action in tliisJcase. It has been pending for prac possession,\ s h a ll the same in their rooms, tents, or otherwise in their
be dismissed the service or otherwise less severely
tically a year. The takmg of evidence was closed three months punished. \
since, and we are advised now that the minority of the com
The idea dL the new regulations was to discriminate between
mittee, who hold different views from the majority, are ready a man who mrglit have taken a glass of beer, for example, with
to submit their vieyujf. So it seems to me that the Senate is out affecting hhn in any respect, and a man who might have
entitled to have theJviews of the majority as well.
taken liquor to such an extent as to be disorderly or otherwise
The action I t o o / this morning was taken because I believed misconduct or disgrace himself.
the report ought to be made; but upon the statement made by
As to the facts in connection with these four cadets, it ap
the Senator from/Vermont that probably his report will be filed pears that the Corps .of Cadets was on a practice march; that
during the week; r will withdraw the motion and not press it is to say, they marched a number of miles into the country,
at this time. /
went into camp, and tlie following day marched bade to the
The VICE .PRESIDENT. The Senator from Kansas with academy. This was in the line of their military instruction. It
draws his m /ion .
appears that after having marched away from West Point
/
HOUR OF DAILY MEETING.
and had gone into camp, several of the cadets walked about in
Mr. GA^LINGER. Mr. President, I have a resolution which the neighborhood.
\
I desire ip offer. I will simply suggest that, in my individual
The cases of three of thosekmentioned in the joint resolution
opinion, /lie time has come when the Senate ought to meet at are very fresh in my recollection. They stopped at a country
12 o'clock and diligently work with a view to final adjournment store and asked for' a soft dri^k of some kind, ginger ale or
at sonn/reasonable time during the year. I offer the resolution other nonalcoholic beverage, and toat not being procurable, they
drank a glass or two of blackberry wine. That was their of
that I /end to the desk.
Tlie/VICE PRESIDENT. The Secretary will read the reso fense. The fourth had a phial o\ some sort of intoxicating
liquor in his coat pocket, which lieHiad not tasted. It was a
lution/ submitted by the Senator from New Hampshire.
very small quantity, a quarter of a pjnt or something of that
The Secretary read as follows:
R esd lved , That until otherwise ordered the hour of daily, meeting of kind, and he had not himself tasted any of the liquor.
the Senate shall be 12 o’clock noon.
Now, in addition to that I will say to the Senator from New
Tlie resolution was considered by unanimous consent and Hampshire these four cadets were not detected in their viola
agreed to.
tions of the regulations. They were known to have been walk-
I
1912.
CONGRESSIONAL RECORD— SENATE.
vestment in or the development of steamship lines or coastwise trade
generally as this amendment provides.
W c deem it especially important for the great industries of New
England that under proper restrictions railroads should he allowed
to develop and maintain "transportation by water. This is of the ut
most importance in the transportation of the freight to and from New
England points and the South, especially in connection with the cotton
industry. W e believe that, with the opening of the Panama Canal, it
is qf the greatest importance that there shall be adequate transporta
tion! facilities by water between New England and the Gulf cities.
Therefore we protest against the adoption of the Covington amend
ments to the Panama Canal bill as unnecessarily impeding the development;.of transportation by water and as thus retarding the development
of Neftr England’s commerce with southern and Pacific ports, and we urge
New England Congressmen to do everything in their power to defeat the
amendment.
Sayles Bleacheries, Saylesville. R. I., by Chas. O. Read, gen
ii
oral manager: Glenlyon Dye Works, Saylesville, R. I.,
by Chas. O. Read, treasurer; Lorraine Mfg. Co., Paw
tucket, R. I., I. R. MacColl, treasurer; Ponemah Mills,
T aftvllle, Conn., J. A. Atwood, treasurer; Lonsdale
Co., Goddard Bros., a g e n ts: Hope Co.. Goddard Bros.,
a g e n ts; Blackstone Mfg. Co., Goddard Bros., ag e n ts;
1
Slater Mfg. Co.. Win. H. Harriss, treasurer; Quidnick
Windham Mfg. Co., ,T H. Hamble, treasurer.
.
Mr. wl^TMORE presented a petition of the Local Council of
Women
Rhode Island, praying for the enactment of legis
lation providing for vocational education, which was ordered to
lie on the table.
He also presented a telegram in the nature of a memorial
from E. A.teeaman, president of the Rhode Island Branch of
the N ation * Metal Trades Association, remonstrating against
the passage ®f the so-called eight-hour bill, which was ordered
to lie on theljfable.
Mr. CULL%M presented a memorial of the Allied Printing
Trades Council of Quincy, 111., remonstrating against any in
crease in secowl-class postage rates, which was referred to the
Committee on Most Offices and Post Roads.
He also presented a petition of the Trades and Labor As
sembly of Decimur, 111., praying for the enactment of legisla
tion to regulatc^lie method of directing the work of Govern
inent employees, which was referred to the Committee on Edu
cation and Labor’
He also present*! petitions of members of the Morgan County
Medical Society awl of the Medical Club of Jacksonville and
of the North Centiml Illinois Medical Association, of Streator,
all in the State of Illinois, praying for the establishment of a
department of publi® health, which were ordered to lie on the
table.
Mr. BURNHAM p&sented a petition of Local Grange No.
167. Patrons of IIusbAidry, of Candia, N. H., praying for the
establishment of a parcll-post system, which was referred to the
Committee on Post Offices and Post Roads.
>Mr. JONES. I present a telegram, in the nature of a peti
tion, in support of the Omen medical bill. I ask that the tele
gram lie on the table and l e printed in the R ecord .
There being no objectiorfcthe telegram was ordered to lie on
the table and to be printed^ : the R ecord, as follows:
_
S e a t t l e , W a s h ., M a y 8, 1912.
Hon. W e s l e y L. J o n e s ,
United States Senate, Wcs7i%nton, 7>. G .:
Wo hope you will see your w aj& Iear to give your hearty support to
the Owen bill establishing a n a (% ia l department of health. No bill
was ever more clearly in the interim s of the masses o f the people than
this one. It would be an essenti;% aid to the pure-food law.
It is
expressly declared in this bill that % e health service established under
it shall have no power to regulate tap practice of medicine or practice
of healing or to interfere with the r im ts of citizen sto employ a practi
tioner of their choice. There is not ;i&ine in the bill that by any con
struction would interfere with the personal right or liberties of the
individual citizen.
^
T homas B urke.
Mr. TOWNSEND. I present a telegram, in the nature of a
petition, relative to the Owen medicjmbill. I ask that the tele
gram lie on the table and be printed Si the R ecord.
There being no objection, the telejaam was ordered to lie
on the table and to be printed in the R ® ord , as follow s:
Mr. OLIVER presented a petition of Hopewell GraJje, No
1398, Patrons of Husbandry, of Cross Roads, Pa., prajfng for
the establishment of a parcel-post system, which was
to the Committee on Post Offices and Post Roads.
He also presented a petition of members of the Wegfmoreland
County Medical Society, of Pennsylvania, praying fq* the estab
lishment of a department of public health, whichjjtas ordered
to lie on the table.
He also presented a petition of the Woman’s (gfiristian Tem
perance Union of Mahoning, Pa., praying for t'M enactment of
an interstate liquor law to prevent the nulii»ation of State
liquor laws by outside dealers, which was r e f ^ e d to the Com
mittee on the Judiciary.
He also presented a petition of the BusiiJRs Men’s Associa
tion of Coatesville, Pa., praying for the edffcnnent of legisla
tion providing for the opening of the P a m ja Canal to vessels
of all tonnage irrespective of ownership, \#icli was referred to
the Committee on Interoceanic Canals.
Mr. GALLINGER presented a memo*al o f the Columbia
Heights Citizens’ Association, of Wasjgpngton, D. C., remon
strating against the enactment of R e la tio n to provide de
ficiencies in the fund for police and fjremen’s pensions, which
was referred to the Committee on th District of Columbia.
He also presented a petition of tl; Columbia Heights Citizens’ Association, of Washington,
and a petition of the
congregation of the Congress Strej Church, of Washington,
D. C., praying for the enactment
legislation governing the
granting of licenses for bar roomsi
the District of Columbia,
and for other purposes, which
ordered to lie on the table.
He also presented the petition
William M. Bass, of Washington, D. C., praying for the er Hment of legislation to maintain-the present water rates in
District, which was referred
to the Committee on the Distric
f Columbia.
Mr. ASHURST presented
etition o f the United Brotherhood of Leatherworkers on I
se Goods of Kansas City, Mo.,
praying for the enactment
islation to regulate the method
o f directing the work of Go
nment employees, which was referred to the Committee
ducation and Labor.
Mr. JOHNSTON of Alai
presented a petition of sundry
citizens of Tuscumbia an^Bheffield, in the State of Alabama,
praying for the enactmentjof legislation to regulate the method
of directing the work tjr Government employees, which was
referred to the Cominitl# on Education and Labor.
Mr. CURTIS presents? petitions o f sundry citizens of Auburn
and Michigan Valley, m the State of Kansas, praying for the
establishment of a p;aceI-post system, which were referred to
the Committee on Post Offices and Post Roads.
He also presentedjri petition of sundry citizens of Goodland,
Ivans., praying for Jrhe enactment of legislation providing for
free mail deli very Jfi towns, cities, and villages with a popula
tion of 1,000 or Qfer, which was referred to the Committee on
Post Offices and jrost Roads.
ITe also presented memorials o f sundry citizens of Baileyville
and Emporia. i|r’ the State of Kansas, remonstrating against the
establishmentJof a department of public health, which were
ordered to li# on the table.
He also presented memorials of sundry citizens of Muscotah,
Concordia, ;f»asehor, Bonner Springs, Holton, Dresden, Michi
gan Valley, Stockton, alid Ilollenberg, all in the State of Kansas,
remonstrating against the enactment of legislation to permit
the colqi’ing of oleomargarine in immitation of butter, which
were inferred to the Committee on Agriculture and Forestry.
Mr. .DU PONT presented a petition o f the executive board of
the State Federation of Women’s Clubs, o f , W ipraying for the -enactment o f anJ^isEtet^lfqffior law to pre
vent the nullification -of StaW’lfiquor laws by outside dealers,
which Avas referred to the Committee on the Judiciary.
Mr. OWEN. I present a telegram in the nature of a petition,
jin favor o f the national department of health bill. I ask that
'the telegram lie on the table and be printed in the R ecord.
roN%.vc, M i c h ., M ay 8, 1912.
Senator C h a r l e s E. T o w n s e n d ,
T h ere being no ob jection , the telegram w a s ord ered to lie
W ashington, D. C .:
The Pontiac Commercial Association at its * g u la r meeting, ?<Iay 7,, on the table and to be printed in the R ecord, a s folloAvs:
L in c o l n , N e b r ., M ay 8, 1912?
in response to request from people of the citTOLby resolution directed;
me to request you to vote for the Owen hill, rlmv pending before th| S en a tor O w e n ,
T.
.
„
United States Senate, Washington, D. C .:
United States Senate, and to use your personal %iluence to secure it£
enactment.
Nebraska State Medical Association, of 1,000 members, in annual
E. B. LimvBURY, Secretary.
session unanimously indorse your bill for a national department of
Mr. TOWNSEND presented a petition of Holland Camp, No. health.
_____
W . H. W i l s o n , M. D.,
Truly,
38, Department of Michigan, United Spanish mar Veterans, of
Holland, Mich., praying for the enactment ^ le g is la tio n t©
pension widow and minor children of any ofMer or enlisted
Rian who served in the War with Spain or them’hiiippine in
surrection, which was referred to the Committee o* Pensions.
He also presented a memorial of sundry citizeit- of Brant,
Mich., remonstrating against the establishment of a department
of public health, which was ordered to lie on the tabl
----------- - ing, from the Committee on the Judi
ciary, to which was referred the bill (S. 4838) to amend section
96 of the “ act to codify, revise, and Amend the laws relating to
the judiciary,” approA'ed March 3, 1911, reported it ivith amend
ment.
CONGRESSIONAL RECORD— SENATE.
6106
iURNHAM, from the Committee oj
merce, to which
ll^^iyjie bill (S. 5387) to comfl|
was
and place a light
n V ATTWHiiu^ii j TKlnnrl eU trtU gW ^ T O Penobscot Bay* Me.
ship near K
o
reported it with ait
i
aureS^B^nts amfedMromitt
mitted a report (No. 717)
thereon.
Mr. NELSON, from th
ee cn Commerce, to which
was referred the bill ( UJ0T 23407J!tatho
orizing the fiscal court
of Pike County, Ky D&tTonstruct a
across Levisa Fort
of the Big Sand
mendment and
er, reported it wit:
submitted a re
_______
Mr. O L IV E R from the Committee on Commerc^Sbi which
was referred the bill tH. R. .227311 to extend the tlmd^Sfe.the
construction of a dam wros.-s tin: Pend
-,
relighted it without amendment and simminra ‘a^refWn! (No.
74"#) thereon.
J Mr. OWEN, from the Committee on Indian Affairs, to which
/ was referred the bill (II. It. 1332) an act regulating Indian
allotments disposed of by will, reported it without amendment
and submitted a report (No. 720) thereon.
Mr. OWEN, from the Committee on Indian Affairs, to which
were referred the following bills, reported them each with
amendments and submitted reports thereon :
S. 4947. A bill providing for the equalization of Creek allot
ments (Rept. No. 721) ; and
4
S. 3S43. A bill granting to the coal-mining companies in the
f> State of Oklahoma the right to acquire additional acreage ad
| joining their mine leases, and for other purposes (Rept. No.
1 722).
Mr. TILLMAN, frmn.
,Naval, Affairs, to
which- wtfsr referred (lie bill (S. 2001) to provide for the award
of congressional medals of honor to officers of the naval serv
ice, and officers and enlisted men of the Revenue Marine, and
for othpr purposes, reported it with amendments and sub
mitted aVeport (No. 723) thereon.
Mr. BTfcpWN, from the Committee on Military Affairs, to
which was ' .referred the bill (S. fr808) granting right of way
across Port "Discovery Bay, United States Military Reservation,
to the Seattle, Port Angeles & Lake Crescent Railway, of the
State of Washington, reported it with amendments and sub
mitted a report'14N0. 724) thereon.
Mr. DU PON'wWroin the Committee on Military Affairs, sub
mitted a report (mp. 725) tor accompany the joint resolution
(S. J. Res. 99) auworizingjSthe President to reassemble the
court-martial which, %i Augpst 16, 1911, tried Ralph I. Sasse,
Ellicott II. Freeland,THTattgall D. Simpkins, and James D.
Christian, cadets of th e ^ ’qfps of Cadets of the United States
Military Academy, and ^gymtenced them, heretofore reported
by him.
COAL-MINING-AI’^ A T IO N S IN WYOMING.
Mr. CLARK of Wyoming. %From the Committee on Public
Lands I report back fqvorablyfyvith an amendment, the joint
resolution (S. J. Res. LOO) auttiprizing the Secretary of the
Interior to permit th<^ continuatllfci of coal-mining operations
on certain lands in Wyoming. ForM ie reason that the neces
sity for its passage is immediate, E^sk for the present con
sideration of the joint resolution.
The VICE PRESIDENT. The Secre% y will read the joint
resolution for the information of the Senme.
The Secretary read the joint resolution%and there being no
objection, the Senate, as in Committee of
Whole, proceeded
to its consideration
The amendmengpwas, in line 4, after the w(#d “ authorized,”
to strike out the words “ in his discretion,” so%p to make the
joint resolution read:
Resolved, etc., That the Secretary of the Interior
and he is
hereby, authorized to allow the Owl Creek Coal Co. t<? ■ontinue the
operation of its mine or mines upon anv of the lands
braced in
Lander (W yo.) goal entries Nos. 18 to 49, inclusive, in
eral conformity with the terms of an order made October 5, 1910,
the Circult Court of the United States for the District of Wyoming
a proceeding wherein the United States of America was plaintiff
d the
Owl Creek Coal Co., Clara H. Carhart, and Elsie
Carha
.were
defendants.
The amendment was agreed to.
The joint resolution was reported to the Senate as amend
and the amendment was concurred in.
The joint resolution was ordered to be engrossed for a third reading, read the third time, and passed.
Mr. HEYBURN. I suggest that the title needs amendment.
The word is “ authorizing.” It should be made to conform to
the amendment.
Mr. CLARK of Wyoming. The word “ authorizing ” is all
right. It does not need amendment.
Mr. HEYBURN. The Secretary of the Interior has no dis
cretion about i t The words “ in his discretion ” have been
cut out.
M a y 9,
Mr. CLARK of Wyoming. That does not affect the title of
the joint resolution.
Mr. HEYBURN. If the title expresses it properly, all right.
UNION PACIFIC RAILROAD CO. CONVEYANCES.
Mr. SMOOT. On May 7 the bill (H. R. 16689) legalizing
certain conveyances heretofore made by the Union Pacific Rail
road Co. came to the Senate and was referred to the Committee
on Public Lands. I ask that that committee be discharged
from the further consideration of the bill and that it be referred
to the Judiciary Committee.
Mr. HEYBURN. I should like a little further information
in regard to the nature of that bill.
Mr. SMOOT. There was a bill introduced by the Senator
from Kansas [Mr. B r i s t o w ] on April 29, 1932, similar to the
one which passed the House. The bill in the House was re
ed to the Judiciary Committee and reported out of that
rnittee. It passed the House and came over here, and was,
stated, referred to the Committee on Public Lands. My
ntion was called to it this morning by the chairman of the
iciary Committee, stating that he thought it ought to be
’erred to the Judiciary Committee, and therefore I make the
uest. It is in relation to a right of way.
Mr. HEYBURN. Mr. President, the rules of the House and
e rules of the Senate differ materially in regard to the jurisiction over such matters. I have been waiting with a watchul eye for this proposed legislation to come before the Senate
with a view of investigating the merits of the proposal. I
would ask that the Senator allow it to go over.
Mr. SMOOT. I will withdraw the request, so that the Sena
tor from Idaho may have an opportunity to examine the bill.
Mr. HEYBURN. Very well.
The VICE PRESIDENT. The Senator from Utah withdraws
the request for the present.
Mr. SMOOT subsequently said: I asked that the Committee
on Public Lands be discharged from the further consideration
of the bill (H. R. 16689)\legalizing certain conveyances hereto
fore made by the Union Pacific Railroad Co., and that it be re
ferred to the Committee On the Judiciary. The Senator from
Idaho [Mr. H e y b u r n ] objected. After an examination o f the
bill, however, he has no objection to such reference, and I now
renew my request for the change of reference.
The VICE PRESIDENT. ^Vithout objection, the change of
reference will be made.
\
A
t
BILLS AND JOINT RESOLUTION INTRODUCED.
Bills and a joint resolution Vfcere introduced, read the first
time, and, by unanimous consent,\the second time, and referred
as follows:
\
By Mr. CULLOM :
\
A bill (S. 6757) granting an incrojase of pension to John Har
rison; to the Committee on Pension^
By Mr. THORNTON:
\
A bill (S. 6758) for the. relief of ^eirs or estate of Joseph
Melancon, deceased (with accompanying paper) ; to the Com
mittee on Claims.
i
By Mr. GARDNER :
\
A bill (S. .6759) granting an increasetyxf pension to John D.
Perkins (with accompanying paper) ; to ^xe Committee on Pen
sions.
i
.
\
By Mr. BORAH (by request) :
V
Ab i l l ({§. 6760) for the relief of Nathaniel M. Eldredge; to
the Comiqittee on Public Lands.
By MrJBURNHAM :
A bill ' ( S. 6761) for the relief of Augustus A. Gibson and
others; to the Committee on Claims.
By Mf. KERN:
A bi^i (S. 6762) granting an increase of pension to Richard
F. Jacks (with accompanying paper) ; to the Committee on
Pensions.
By Mr. JOHNSON of Maine:
A bill (S. 6763) to authorize the cities of Bangor and Brewer,
Me., to construct or reconstruct, wholly or in part, and main
tain and operate a bridge across the Penobscot River between
t aid cities, without a draw; to the Committee on Commerce.
s
By Mr. OWEN:
bill (S. 6764) granting an increase of pension to Lansing
ichols (with accompanying papers) ; to the Committee on
‘ons.
Jr. SWANSON:
1 (S. 6765) providing for the improvement of the road
way from the railroad depot at Erednilcksburg, Va., to the
national cemetery near Fredericksburg; ’to' the Committee on
Military Affairs.
CONGRESSIONAL RECORD— SENATE.
1912.
By
_
_
_
A bill <M
-ip i,-irig oyer by tfie United
States Government, of tbe OnnfprTpr?^^it6giit^yytw
a^..Uitt]e Rock,
A rk.; to the Committee on Military Affairs.
U r Mr. OWEN:
r h . bill (S. 67G7) to terminate the Indian Office, and for other
(purposes; to the Committee on Indian Affairs.
' ' f i f k u u -' fo W. E.
R oach;
A bill (S. 6769) granting an increase of pension to Levi H.
Hahn; and
A bill (S. 6770) granting a pension to Robert W. Shaffer ; to
the Committee on Pensions.
/
By Mr. L EA :
A bill (S. 6771) appropriating .$250,000 for levee work onJElie
Mississippi R iver; to the Committee on Commerce.
x'
By Mr. GORE:
$
A joint resolution (S. J. Res. 106) creating a joint commis
sion on public highways, and for other purposes; to th f Com
mittee on Agriculture and Forestry.
AMENDMENT TO POST OFFICE APPROPRIATION
Mr. GORE submitted an amendment proposing to ^create a
joint comr&ission on public highways, etc., intended ,fb be pro
posed by hi% to the Post Office appropriation bill (H JR. 21279),
which was referred to the Committee on Post Offices and Post
Hoads and ordered to be printed.
V
O M NIBUS CLAIM S BILL.
6107
Mr. LODGE. Has the bill been read?
The VICE PRESIDENT. The bill has not been read. The
bill is taken up as in Committee of the Whole, withoufiobjection.
The Chair hears no objection.
Mr. LODGE. I thought the bill was to be read for infor
mation.
f
The VICE PRESIDENT. It was the request o f the Senator
from Idaho that the Senate should proceed with file reading of
the bill. It will be read.
'
The Secretary proceeded to read the bill.
£
Mr. BORAH. Mr. President, I desire to suggest* the correc
tion of what is a really verbal inaccuracy. Chi page 3, in line
25, before the words “ this act,” I move toJinsert the words
“ section 1 of.”
The VICE PRESIDENT. The amendmQht proposed by the
Senator from Idaho will be stated.
The S ecretary . In section 2, on page 3, line 25, before the
words “ this act,” it is proposed to inserl the words “ section
1 of.”
The VICE PRESIDENT. Without objection, the amendment
will be agreed to.
Mr. PIEYBURN. Mr. President, I did not understand that we
were going to consider the bill now f o t amendment.
The VICE PRESIDENT. Oh, no;.fthe bill is not being con
sidered for amendment. The junior {Senator from Idaho simply
suggested a verbal amendment, and-Tt may only be considered
by unanimous consent, and even tl^Lt-----Mr. HEYBURN. I should like tgfhave the verbal amendment
which has been proposed restated..”
The VICE PRESIDENT. The Secretary will again state the
amendment proposed by the j uniat Senator from Idaho.
The Secretary again stated thjS amendment proposed by Mr.
Mr. BURNHAM submitted an amendment intended to be
proposed by liirfLto the bill (H. R. 19115) makinghippropriation
for payment of%:ertain claims in accordance wnth findings of
the Court of Claims, reported under the provisrons of the acts B o r a h .
approved March f>. 1SS3, and March 3, 188# and commonly
The VICE PRESIDENT. If i&ere is any objection, the amend
known as the Bowman and Tucker Acts, wjpcli was referred ment can not be now consideijjfed. No amendment can be now
to the Committee c% Claims and ordered to Jfe printed.
considered except by unaninnjis consent.
Mr. BACON submitted an amendment intended to be pro
Mr. HEYBURN. There wpl be something doing when this
posed by him to tlnxbill (H. R. 19115) uamung appropriation bill is really before the Senp;e. I did not understand that it
for payment of cerhlin claims in accordance with findings of would be before the Senate how.
the Court of Claims, fcported under thejprovisions of the acts
Mr. BORAH. I have no (jfesire to urge the amendment if the
approved March 3, 1SK>, and March 3* 1887, and commonly senior Senator from Idaho Objects.
known as the Bowman sfcul Tucker Ac tit which was ordered to
The VICE PRESIDENT^ Very well. The amendment will,
be printed and, with thc%vccompanyipg copy of the findings of not be considered as suggested at the present time, but is with
the Court of Claims, refolded to the Committee on Claims.
drawn. The Secretary wifi resume the reading of the bill.
The Secretary resumed-find concluded the reading of the bill.
C-HOUR » w .
Mr. LODGE. Mr. President, I ask that two amendments
The VICE PRESIDENT. %The uuerning business is closed.
which I intend to propose to the bill may be printed and lie
Mr. BORAH. Mr. President. I gave notice day before yester
the table.
day that I would ask the Senate to consider at this time House onThe VICE PRESIDENT. Without objection, it is so ordered.
bill 9061, known as the eight-Bonr bill. I am not going, how
Mr. BORAH. I ask $b have the report upon this bill printed
ever, to ask for anything more fban the reading of the bill this in the R ecord in commotion with the reading o f the bill, and
morning, owing to the fact thafkthe Senator from Minnesota then I ask that the bil| be laid aside.
[Mr. N e l s o n ] desires to proceed m th the river and harbor bill,
The VICE PRESIDENT. Without objection, the report of
and the further fact that a ’S enator is absent who desires to the committee on th f bill will be printed in the R e c o r d fol
be present when the bill ia discusstecl. I therefore, with this lowing the reading o f the bill.
modification of the notice* ask una\mous consent to call up
The report referred to is as follow s:
the bill.
[Senate Report No; 601, Sixty-second Congress, second session.]
Mr. GALLINGER. Mr. President, % e re is no objection to
that if it is for the purpose of simply Steading the bill. I wish h o u r s of d a il y s e r v ic e of l a b o r e r s a n d m e c h a n ic s u po n g o v e r n £
MENT CONTRACTS.
to say to the SenatoiVTrom Idaho thaftthere is at least one
Mr. B o r a h from
Committee
Senator who has not?had time to exanwie the bill with the the following , report;the accompany on Education and Labor, submitted
to
House bill 9061 :
care that he desires to give to it beforat it is taken up for
The Committee on- Education and Labor, having had under considera
serious consideration, and I hope the Senator will not uuduly tion House bill 9061, report the same favorably without amendment
and recommend it*-passage.
,
_
press the bill.
f*
The following is a copy of the bill as it passed the House and is now
Mr. BORAH. Dwill not unduly press it
reported to the Senate :
Mr. GALLINGER. I do not know exactly %kat the Senator “ An act limiting* the hours of daily service of laborers and mechanics
employed upon work done for tlie United States, or for any Territory,
means by that. Perhaps I did not use a very nfct term.
or for the District of Columbia, and for other purposes.
Mr. BORAII. I think the Senator used the correct term, but
“ Be it enactck, etc., That every contract hereafter made to which the
I want the emphasis in the right place.
United States, any Territory, or the District of Columbia is a party,
Mr. GALLINGER. I wanted to suggest to the Senator, know and everj7 such contract made for or on belialf of the United States, or
ing the Senator’s persistence when he is in clnffcge of a bill, any Territory, or said District, which may require or involve the em
or mechanics
a provision
no
that probably this bill will not be expedited unlesf|..we be given ployment of laborers doing any part shall contain contemplated that the
laborer or mechanic
of the work
by
full time to examine it and prepare ourselves to di&uss it. We contract, in the employ of the contractor or any subcontractor con
have been pretty busy here of late, some o f us at Id&st. I hope tracting for any part of said work contemplated, shall be required or
permitted to work more than eight hours in any one calendar day upon
the Senator-—
%
such w ork ; and every such contract shall stipulate a penalty for each
Mr. BORAH. I do not think the Senator will hay| any rea violation of such provision in such contract of $5 for each laborer or
son to complain. I propose to give time for the biff, because mechanic for every calendar day in which he shall be required or per
upon said work ; and any
the more Senators study it the more they will be in ftffor of it. mitted to labor more than eight hours the work to be performed officer
or perjson designated as inspector of
under
Mr. GALLINGER. That may be so.
any such contract, or to aid in enforcing the fulfillment thereof, shall,
The VICE PRESIDENT. The Senator from Ida%> asks upon observation or investigation, forthwith report to the proper officer
of
or
the District of Colum
unanimous consent that the bill (H. R. 9061) limiting th$ hours bia.the United States, the of any Territory, or of directed to be made in
all violations of
provisions of this act
of daily service of laborers and mechanics employed upoi* work every such contract, together with the name of each laborer or me
done for the United States, or for any Territory, or for the Dis chanic who has been required or permitted to labor in violation of such
of such violation, and the amount of the penal
trict of Columbia, and for other purposes, be taken up. With stipulation and the day to the stipulation‘ in any such contract shall be
ties imposed according
out objection, the bill is before the Senate as in Committee of directed to be withheld for the use and benefit of the United States, the
District of Columbia, or the Territory contracting by the officer or
the Whole.
6108
**
i
CONGRESSIONAL RECORD— SENATE.
M ay 9;
person whose duty it shall he to approve the payment of the moneys ing at their disposal it became worth while devising other ways of en
due under such contract, whether the violation of the provisions of such joying it and the favorite among the English factory hands seemed to
contract is by the contractor or any subcontractor. Any contractor or be the mechanics’ institute in winter and the garden allotment in
subcontractor aggrieved by the withholding of any penalty as herein summer.”
The conclusion of the author upon this subject may be stated as fol
before provided shall have the right within six months thereafter to
y
appeal to tire Read of the department making the contract on behalf of lows, and pi’actically in his own language:
The evidence gathered and the facts at hand lead us to believe that
the United States"-©*:Jhe Territory, and in the case of a contract made
the approach of a general eight-hour day of labor has no blight to cast
by the District of Columbia to the commissioners thereof, who shall
have power to review the action imposing the penalty, and in all such on the economic prosperity either of the working class or oJFxhe Nation
appeals from *uch final order whereby a contractor or subcontractor at large, while it will be certain to contribute greatly to.the moral and
s
may be aggrieved by the imposition of the penalty hereinbefore pro social elevation of both.
It would be much better, no doubt, if an eight-hfiur day could be
vided such contractor or subcontractor may within six months after
secured without legislation. Legislation in such matters should ordi
decision by such head of a department of the Commissioners of the Dis
narily be postponed long enough to give every opportunity for the busi
trict of ColumbiaLfile a claim in the Court of Claims, which shall have
ness world to adjust itself to proper rules and conditions. It would
jurisdiction to hear and decide the matter in like manner as in other
be better for the employer and employee to adjust the hours of labor
cases before said c®urt.
“ S ec . 2. That nothing in this act shall apply to contracts for trans without the rigid and positive provisions pf the law. If it could be
portation by land oft water, or for the transmission of intelligence, or brought about in this way peculiar and ^.-exceptional conditions could
for such materials ok articles as may usually be bought in open mar be arranged for and taken care of whig# it is impossible to do under
ket, except armor ancfcarmor plate, whether made to conform to par the lav/. A law universal in its application, as it must be, makes it
ticular specifications c% not, or for the purchase of supplies by the necessary for some concerns or employers to suffer embarrassment for
Government, whether manufactured to conform to particular specifica a time. But it is believed that legislation is now necessary. This
tions or n o t : Provided, That all classes of work which have been, are legislation has been up for discussion now for more than 10 years be
now, or may hereafter bh, performed by the Government shall, when fore the Congress of the United States. The business concerns have
done by contract, by individuals, firms, or corporations for on behalf of had ample notice. Those who can best afford to give an eight-hour
the United States or any ofvihe Territories or the District of Columbia, day and who have most influence by their stand in retarding the move
ment seem determined not to ryield until compelled to do so by law. A
' be performed in accordance With the terms and provisions of this act.
The President, by Executive oMer, may waive the provisions and stipu distinguished member of Parliament once said while the eight-hour law
lations in this act as to any Specific contract or contracts during time
was under discussion in tHat country :
of war or a time when war is imminent. No penalties shall be imposed
“ Employers would never introduce the eight-hour law out of their
for any violation of such provision in such contract due to any emer own accord. In all ntf 40 years of experience. I have never known
gency caused by fire, famine, or flood, by danger to life or to property,
them of their own acoord to either raise wages or shorten hours. And
or by other extraordinary event or- eondition on account of which the nothing can make tW eigh t-hour day general but legislation.”
President shall subsequently declar%the violation to have been justi
This is stated tgo broadly so far as this country is concerned, for
fiable. Nothing in this act shall be Construed to repeal or modify the many employers h#Ae adopted the eight-hour day. But while individual
act entitled ‘An act relating to the limitation of the hours of daily
emplovers have adopted the rule they can ill afford to abide by the rule
service of laborers and mechanics empayed upon the public works of
if their more Powerful competitors refuse to do so. So long as the
the United States and of the District of Gplumbia,’ being chapter 352 of
large and dorngbant business concerns stand in the way of this move
the laws of the Fifty-second Congress, approved August 1, 1892, or to
ment there cam be no permanent or general results obtained. Although
apply to work done under contracts made ijrior to the passage of this
individuals in particular concerns may receive the benefits by reason
act.
of the eighphour day in those particular concerns, there can be no gen
The constitutionality of this measure halhbeen discussed at great eral benefit from a general rule, and, moreover, in the end these par
length before the committee by able counsel, Especially as against its ticular individuals must inevitably go back to the longer hours. Too
constitutionality. There does not seem to the cdbimittee, however, to be much cAn not be said in favor or in commendation of many of the
any serious doubt as to the power of Congress t\ p a s s such a measure.
employers of labor in this country for the manner in which they have
The bill provides that every contract liereafterXmade to which the come do treat their employees— the improved sanitary conditions and
United States is a party, and every contract made for and on behalf of the Voluntary shortening of the hours. But what they voluntarily do
the United States which may require or involve the employment of others equally able to do refuse to do. It follows, therefore, that these
laborers or mechanics, shall contain a provision tns,t no laborer or imrfvidual employers seeking to better conditions are loaded with an
mechanic doing any part of the work covered by the'-':.contract in the extra burden which they ought not to bear.
employ of the contractor or any subcontractor shall be required or per W No better illustration of the refusal of many of our industries to yield
mitted to work more than eight hours in any one calendar day.
yto nothing less than a rigid and exacting rule may be found in a most
The sole question would seem to be, may the Government exercise it%: instructive report lately made by the Department of Commerce and
discretion in entering into a contract and require terms w l% h preclude Labor in the steel industry, a part of which is quoted, and it is as
men working for more than eight hours for any calendar'^ay ? The follo w s:
numerous questions which have arisen, and which have bt^n many
“ The fact that stands out most strikingly in any study of the labor
times before the court and most ably discussed before the committee conditions in the iron and steel industry in the United States is the
relative to prohibiting individuals and concerns entering into cOt&T&cts unusually long schedule of working hours to which the larger number
limiting the hours of work, can not be relevant or controllinffiSfoere. of the employees in this industry are subject.
The Government has the right to contract, and it would seem that it
“ During May, 1910, the period covered by this investigation, 50,000,
would have the right to decline to enter into a contract unless the or 29 per cent, of the 173,000 employees of blast furnaces and steel
terms of the same are satisfactory to it as to any contracting /party.
works and rolling mills covered by this report customarily worked 7
The most serious question, and the one to which the mogfe earnest:, days per week, and 20 per cent of them worked 84 hours or more per
consideration was given, is as to the policy of such a measure. Is it jveek, wh*:h. in effect, means a 12-hour working day every day in the
wise for the Government to refuse to contract except upomjiuch terms
L
eek, including Sunday.
The evil of 7-day work was particularly
as will prevent the laborer from working more than eight -Sours? This
:entuated by the .fact developed in the investigation that the 7-day
in fact brings up the question of an eight-hour day, U moral and
fe
fixing week was not confined to the blast-furnace department, where
economic effects upon society, for the influence and effect of this law thctSg is a metallurgical necessity for continuous operation, and in
will greatly augment the strength of the movement jjo r a universal whicnRdepartment 88 per cent of the employees worked 7 days a week,
eight-hour day. The friends and supporters of the measure recognize but it%vas also found that, to a considerable extent, in other depart
the effect in this respect which this law is bound tovhave. It will no ments, Where no such metallurgical necessity can be claimed, pro
doubt in many ways reach in effect beyond the immediate contracts ductive Iferk was carried on on Sunday just as on other days of the
entered into by the Government.
week. For-, example, in some establishments the Bessemer converters,
Much has been said as to the inconvenience wpfch would result to the open-hcSjrth furnaces, and blooming, rail, and structural mills were
the employers in establishing the eight-hour dasg Doubtless in some found operararg 7 days a week for commercial reasons only.
instances and to some extent this inconvenience*, necessitating in some
“ The hardSym of a 12-hour day and a 7-day week is still further
instances rearrangement, will follow. It is perhaps true, also, that in increased by tn ^ fact that every week or two weeks, as the case may
some instances there may result a greater exnehse to the Government. be, when the en%loyees on the day shift are transferred to the night
But these things we believe are to be considered as of minor impor shift, and vice vetea, employees remain on duty without relief either
tance compared to the general benefit to be derived from an eight-hour 18 or 24 consecutive hours, according to the practice adopted for the
day for laborers. We believe it means better work, better citizens, and change of shift. T h »jn o st common plan to effect this change of shift
in the end far better for society.
is to work one shift \ f employees on the day of change through the
Prof. Rao, in his careful study of the aeight-hour day and speaking entire 24 hours, the ^foceeding shift working the regular 12 hours
when it comes on duty. dUn some instances the change is effected by
particularly of the eight-hour day in Victoria, says :
duty 18 hours and the succeeding shift
“ Of course differences in the value of product are not the same thing having one shift remain
as differences in its amount, and the figures must be taken for what work 18 hours. During thTfotime that one shift is on duty, of course,
they are worth. Only I think they tead to support the conclusion that the employees on the other’ fehift have the same number of hours of
the shortening of the day to eight hours has not been followed by any relief from duty.
corresponding loss of product, but gsfther— whatever it be due to— by
“ That much of the Sunday Tjtfior which has been prevalent in the
an increase of product and even by an increase per hand employed. steel industry is no more necessity than in other industries is shown
* * * It is, I think, beyond question that the shortening of the conclusively by the fact that at tfife time of the investigation made in
day to eight hours has improved the efficiency of labor during the time 1910 by this bureau into the conations of labor in the Bethlehem
employed both as to quantity and quality, and there is every probability Steel Works the president of the sftfel corporation directed the rigid
that in some trades and some particular kinds of work this cause alone enforcement of a resolution adopted Chivee years previous, cutting out
would lead to as much being done in the short day as the long one.”
a large part of Sunday work except infeihe blast-furnace department.
Again the authority s a y s :
Even in the blast-furnace department, where there is a metallurgical
“ What use does the workingman of Victoria make of the leisure he necessity for continuous operation day and^feight throughout seven days
has obtained through the eight-hour day? The ‘ g o ’ and energy he is of the week, there is practically nothing exempt the desire to economize
said by so many observers to put into his work is itself good evidence in the expense of production that has preveiT^d the introduction of a
that he does not spend his time in vicious dissipation. I f a shorter day system that would give each employee one day
rest out of the seven.
in the workshop meant only a longer evening in the tavern he could
“ Since the beginning of the present investigation, however, this
not possibly show such signs of invigoration, and his day’s work and matter of abolishing seven-day work for the individual employees in the
his day’s wages would soon have hopelessly declined.
The general blast furnaces, as well as in other departments (AL the industry, has
opinion in Victoria is that the habits of workingmen have improved received the attention of the American Iron and Sfeel Institute, and
and not deteriorated through the short hours. By leaving early in the through a committee of that organization a plan lift* been proposed
afternoon they are able to live out in the suburbs in neat cottages with which gives Eeach Oemployee v/“ v day of rest each • week!*., A inumber u i
one
of
>V n i d i
liv u
iu p iv j v v
^ w
V
1
T
iu iu r n ,!
little gardens behind them which are almost invariably owned by their the plants throughout the country have, at the instance- of the insti
occupiers and they spend much of their leisure tending their little tute, adopted this plan or some modification of it, and have success
garden or in some outdoor sport or with their families. The two first fully operated it for several months. A thorough discussion of these
effects of the Id-hour act in this country were the multiplication of plans and of their value in solving the problem to which they are
mechanics’ institutes— night schools and popular lectures on the one applied will be found in the volume dealing with the general conditions
hand and the multiplication of the garden allotments on the other. of labor in the industry.
“ During the investigation those in charge of the plants have in their
Work people had neither time nor energy for such pursuits before— the
only resource of the languid is the tavern. But with the longer even discussions with representatives of the bureau frequently emphasized
1912.
CONGRESSIONAL RECORD-
>jecti(
consideratjj«H notwithstanding tlie objection.
tempore.
Tlie rj^le is that t h e /^ C is
Mr. HEYBURN. Did the Senator from Georgia object?
Mr. SMITH of Georgia. I did.
Mr. PIEYBURN. Then I move that the Senate further pro
ceed with the consideration of the bill notwithstanding the ob
jection of the Senator from Georgia.
The PRESIDENT pro tempore. The question is on agreeing
to the motion of tlie Senator from Idaho that the Senate pro
ceed with the further consideration of the bill notwithstanding
the objection.
The motion was agreed to.
Mr. SMITH of Georgia. Mr. President, I am opposed to this
indebtedness. It ties us up that much more with the Philip
pines. While we are not directly responsible for the debt, in
directly the Government becomes responsible, and I do not
think we ought to authorize the indebtedness. I had not sup
posed that the bill would be brought up at this time, not hav
ing been pressed during the past .few weeks during which it
has been upon the calendar. I merely desire to express that
objection to the bill.
—
—
'
The bill was ordered*to'Re^engrossed for a third reading,-and
wasteful the third time.
✓ 'The PRESIDENT pro tempore. The question is, Shall the
f)ill pass?
Mr. SMITH of Georgia. On that I call for the yeas and
nays.
^ The^yeas and nays were ordered, and the Secretary proceeded
u /n i^ fc s .
>
h
>
- i ~
aUg the Senator
Connecticut [Mr. Mc Le^ U ^ /T transfer that phir to the
froth Neyadlk [Mr. Nito'-^ nds] and vote. I vote “ nay.”
' Miy' Mc& E S M after having voted in the affirmative). I
should like to astrif the senior Senator from Mississippi [Mr.
P e r c y ] has voted.
The PRESIDENT pro tempore. The Chair is informed that
he has not voted.
Mr. McCUMBER. I have a general pair with the senior
Senator from Mississippi. I withdraw my vote.
Mr. SMOOT. I desire to announce that the Senator from
Wisconsin [Mr. S t e p h e n s o n ] is detained from the Senate. He
lias a general pair .ysotii-the
from Virginia [Mr.
f r
M a r t in ],
The result was announced—yeas 45, nays 10, as follow s:
Borah
Bourne
Brandegee
Bristow
Brown
Burton
Catron
Clark, Wyo.
Crane
Crawford
Turn mins
Curtis
Y E A S — 45.
Lea.
du Pont
Lippitt
Fall
Lodge
Fletcher
Martine, N. J.
Ballinger
Nelson
Gardner
O’Gorrnan
Gronna
Page
Heyburn
Penrose
Hitchcock
Perkins
Johnson. Me.
Johnston, Ala.
Poindexter
Pomerene
Jones
Root
Kern
Ashurst
Bryan
Clarke. Ark.
Myers
Overman
Shively
Bacon
Mr. CI^IHX)K,~'‘t A T ‘WTr ’BtfO d was called). I have a gen Bailey
td PlT
T
Bankhead
eral pair with the senior Senator fro m Illinois [Mr. C u l l o m ]
I do not know how he would vote if present, and therefore I Bradley
Briggs
withhold my vote.
Burnham
Mr. CLAPP (when his name was called). In the absence o f Chamberlain
'Chilton
my general pair, the Senator from North Carolina [Mr. S i m
m o n s ],
I withhold my vote.
If he were present, I would vote
“ yea.”
Mr. DU PONT (when his name was called). I announce my
general pair with the senior Senator from Texas [Mr. C ulber
s o n ].
As he is not in the Chamber, I withhold my vote. If he
were present, I should vote “ yea.”
Mr. HEYBURN (when his name was called). I have a pair
with the senior Senator from Alabama [Mr. B a n k h e a d ], I
transfer that pair to the junior Senator from Illinois [Mr.
L obimeb ] and vote. I vote “ yea.”
Mr. NIXON (when his name was called). I have a general
pair with the junior Senator from Virginia [Mr. S w a n s o n ]
and therefore withhold my vote.
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). The senior Senator from Michigan [Mr. S m i t h ]
is detained from the Senate on important business. I under
stand that he has a general pair with the junior Senator from
Missouri [Mr. R eed ].
Mr. SMITH of South Carolina (when his name was called).
I have a general pair with the junior Senator from Delaware
[Mr. R ic h a r d so n ]. I transfer that pair to the junior Senator
from Arkansas [Mr. D a v is ] and vote. I vote “ nay.”
Mr. WATSON (when his name was called). In the absence
o f my general pair, the Senator from New Jersey [Mr. B riggs ],
I withhold my vote. I f I were at liberty to vote, I would vote
“ yea.”
The roll call was concluded.
Mr. IJU PONT. As already stated, I have a general pair
With the senior Senator from Texas [Mr. C u lberson ]. I will
transfer that pair to the junior Senator from Kentucky [Mr.
B ra d l ey ] and vote. I vote “ yea.”
Mr. GUGGENHEIM (after having voted in the affirmative).
I desire to withdraw my vote, as I observe that the Senator
fro m Kentucky [Mr. P a y n t e r ], with whom I have a general
Pnir, is not in the Chamber.
Mr. BURNHAM. I have a general pair with the junior Sen
ator from Maryland [Mr. S m i t h ]. In his absence, I withhold
hiy vote. I f I were at liberty to vote, I would vote “ yea.”
Mr. DILLINGHAM. I should like to be informed whether
tbe senior Senator from South Carolina [Mr. T i l l m a n ] has
voted.
The PRESIDENT pro tempore. The Chair is informed that
lie has not voted.
Mr. DILLINGHAM. I then withhold my vote, being paired
With that Senator.
Mr. CHAMBERLAIN. I have a pair with the junior Sena
tor from Pennsylvania [Mr. O l i v e r ] . If he were here, I would
vote “ yea.”
SENATE
Sanders
Smoot
Stone
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
N A Y S — 10.
Smith, Ariz.
Smith, Ga.
Smith, S. C.
W illiam s.
NOT V O T IN G — 40.
Lorimer
Culiom
MeCumber
Davis
McLean
Dillingham
Martin, Va.
Dixon
Foster
Newlands
Nixon
Gamble
Oliver
Gore
Guggenheim
Owen
Kenyon
Paynter
La Follette
Percy
Rayner
Reed
Richardson
Simmons
Smith, Md.
Smith, Mich.
Stephenson
Swanson
Tillman
W atson ^
! X
.
So theTM*fcayq,s,jiassed.
^0
CUIMJ WlJVMMIfflfc' fXDTANS.
The bill (S. 459) to adjust and settle the claims of the loyal
Shawnee and loyal Absentee Shawnee Tribe of Indians was
announced as next in order on the calendar, and the Senate,
as in Committee of the Whole, resumed its consideration.
The PRESIDENT pro tempore. The bill was reported from
the Committee on Indian Affairs with an amendment to strike
out all after the enacting clause and insert other words in lieu
thereof. That amendment has been twice read heretofore. The
question is upon agreeing to the amendment of the committee.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed. *
B IL L S P A S S E D OVER.
The bill (S. 3) to cooperate with the States in encouraging
instruction in agriculture, the trades and industries, and home
economics in secondary schools; in maintaining instruction in
these vocational subjects in State normal schools; in maintain
ing extension departments in State colleges of agriculture and
mechanic arts; and to appropriate money and regulate its ex
penditure was announced as next in order.
Mr. LODGE. I ask that the bill may go over.
The PRESIDENT pro tempore. The bill will go over.
The bill (S. 5076) to promote instruction in forestry in States
and Territories which contain national forests was announced
as next in order.
Mr. GEONNA. I ask that the b[ll may go over.
The PRESIDENT pro tempore. It will go over.
P R E S ID E N T IA L
P R IM A R IE S
IN
THE
D IS T R IC T
OF
C O L U M B IA .
The bill (S. 2234) to provide for a primary nominating elec
tion in the District o f Columbia, at which the qualified electors
of the said District shall have the opportunity to vote for their
first and second choice among those aspiring to be candidates of
their respective political parties for President and Vice Presi
dent of the United States, to elect their party delegates to their
national conventions, and to elect their national Uommitteemen
was announced as next in order on the calendar.
Mr. SMOOT. I ask that the bill may go over.
Mr. STONE. Mr. President-----The PRESIDENT pro tempore. It will go over.
Mr. BRISTOW. I move that the Senate proceed to the con
sideration of the bill.
6210
CONGRESSIONAL RECORD— SENATE.
Mat 10>
Mr. BRISTOW. No. The Senator from New Hampshire
will remember that he himself consented to the consideration
of the bill upon a statement made by myself that I would only
ask that the bill be taken up. The formal reading was then
dispensed with, and the bill was afterwards laid aside. The
R ecord will show that I am right.
Mr. GALLINGER. It would have to be done by a vote.
Mr. BRISTOW. N o ; not by a vote. The Senator is niis,
taken, because I remember distinctly what occurred, and the
R ecord will bear out my statement.
The PRESIDENT pro tempore. The Chair will state that the
indorsement upon the bill is that on April ,20, 1912, the formal
reading of the bill was dispensed with, the bill to be read for
amendment; but the indorsement does not show that the bin
was then read for any purpose.
Mr. LODGE. What was the date of that indorsement?
The PRESIDENT pro tempore. April 20.
Mr. BRISTOW. Do I understand the ruling of the Chair
is that when the formal reading of a bill is dispensed with
upon its consideration on one day that is a nullity and that the
And who can read and write and shall have paid all taxes due by next day that action does not stand as to dispensing with the
them to the city of Washington or District of Columbia on or before formal reading of the bill?
the flrst Monday of February of the year preceding the primary elec
The PRESIDENT pro tempore. The Chair is of the opinion
tion, and who have not been convicted of any felony or misdemeanor
involving moral turpitude.
that if the R ecord showed that the Senate had proceeded with
The PRESIDENT pro tempore. Does the Senator from Mis the execution of that order, that order would stand; but the
sissippi desire to have the amendment acted on now or does he R ecord does not show that the Senate did proceed with the
give notice of the amendment?
consideration of the bill for amendment or that anything was
Mr. WILLIAMS. I desire to have it pending.
done under that order. The matter is altogether in the dispo.
Mr. HEYBURN. The bill has not been read.
sition of the Senate. If they desire the bill read for amend,
Mr. WILLIAMS. I will give notice of the amendment that ment, it may now be easily ordered.
the amendment may be pending, to be voted upon at the proper
Mr. GALLINGER. I shall object to that, Mr. President.
time. If it is not out of order I should like to say a few words
Mr. POINDEXTER. Mr. President------that the Senate may know the character of the amendment.
The PRESIDENT pro tempore. The Chair is of the further
Mr. LODGE. Is it not proper that the bill should be read opinion that even if that had been done it would be competent
first ?
for the Senate now to order the bill to be read, if it saw fit to
Mr. BRISTOW. The bill has been read.
do so, the reading not having been dispensed with by formal
The PRESIDENT pro tempore. The Chair suggests that the unanimous consent. The informal dispensing with the formal
bill must be read first for the information of the Senate be reading of a bill does not amount to unanimous consent.
fore any action is taken on it.
Mr. BRISTOW. I do not question the authority of the Sen
Mr. BRISTOW. The bill has been read. It is being read ate to order the bill to be read; but when the Senate has once
now for amendment.
dispensed with the formal reading and ordered the bill to be
Mr. WILLIAMS. Have I the floor?
read for amendment, and then it is laid aside-----The PRESIDENT pro tempore. The Senator from Missis
The PRESIDENT pro tempore. The Chair will submit the
sippi has the floor.
question to the Senate. Shall the formal reading of the bill I
Mr. LODGE. Any Senator can call for the reading of the be dispensed with and the bill be read for amendment? [Put. 1
bill as in Committee of the Whole at any time. This is not ting the question.] The ayes appear to have it.
one of the three readings. This is the reading in committee.
Mr. WILLIAMS. I call for the yeas and nays, Mr. Presi
Mr. BRISTOW. The formal reading of the bill was dis dent.
pensed with.
Mr. HEYBURN. I rise to a parliamentary inquiry.
The PRESIDENT pro tempore. In the opinion of the Chair
Mr. WILLIAMS. Surely the Senator from Kansas does not
'1
the amendment is not in order for consideration until the formal want this bill put through without an opportunity to amend it
I
reading has been completed.
Mr. BRISTOW. Certainly not.
Mr. WILLIAMS. Then I merely give notice-----Mr. HEYBURN. I rise to a parliamentary inquiry, Mr. Presi
Mr. BRISTOW. Mr. President, a parliamentary inquiry. dent, and that is, Does it not require unanimous consent to
The formal reading of the bill wa« dispensed with when it was dispense with the performance of an act required by the Con
before the Senate on a former occasion.
stitution? It requires unanimous consent.
Mr. HEYBURN. On what day?
The PRESIDENT pro tempore. It does not require unaniMr. BRISTOW. The R ecord w ill show.
mous consent to dispense with the formal reading of a bill m
The PRESIDENT pro tempore. The Chair will state, how the form that the Senate binds itself by unanimous consent
ever, that in the opinion of the Chair when the bill was laid but it is within the control of the Senate.
’ i,
aside without any action, that that not having been in the
Mr. WILLIAMS. Mr. President, there seems to be a little *
nature of a formal unanimous-consent agreement, the bill is misunderstanding as to what is the motion before the Senate
before the Senate in its original presentation, and if it is de
The PRESIDENT pro tempore. The Senate will please* hA
sired that the formal reading of the bill shall be dispensed
with present action of the Senate in that respect is required. in order.
Mr. WILLIAMS. There seems to be a little misunderstand
It is a question of convenience simply whether the bill shall be
first read,' or whether amendments shall be offered pending the ing as to what is the motion actually before the Senate, t
understood it to be a motion to dispense with the formal read
reading of the bill.
'
^
Mr. BRISTOW. Do I understand that every time a bill is ing of the bill.
The PRESIDENT pro tempore. The Chair will again state
l
taken up the formal reading of the bill must be dispensed
with? The bill was once before the Senate, and the formal the motion. In view of the discussion which was had, in order
reading was dispensed with. Now, does that action have to be to bring the matter to a conclusion, the Chair submitted the
question to the Senate, whether the formal reading of the bill
I
repeated every time the bill is brought before the Senate?
The PRESIDENT pro tempore. The Chair does not under should be dispensed with.
Mr. WILLIAMS. That is what I thought; and a vote “ yea”
stand that the Senate considered the bill.
)
Mr. WILLIAMS. This bill has never been read for amend wonld be a vote to dispense with the formal reading of the bill1
The PRESIDENT pro tempore. It would be.
ment, as I understand it.
Mr. WILLIAMS. And a vote “ nay ” would force the bill to
Mr. BRISTOW. It is now being read for amendment.
Mr. WILLIAMS. If it is now being read for amendment, be read for amendment?
The PRESIDENT pro tempore. The Senator is correct.
then I am in order.
Mr. SMOOT. The Senators around me misunderstood the
The PRESIDENT pro tempore. In the opinion of the Chair,
question.
the Senate is entitled to have the bill read if it is so desired.
Mr. GALLINGER. I think that all the Senate did before
Mr. HEYBURN. Now, I rise to a parliamentary inquiry. C
jT
was to vote to proceed to the consideration o f the bill.
Is that a matter-----Mr. BRISTOW. No.
The PRESIDENT pro tempore. The Senator from Mississippi
Mr. GALLINGER. I think that is right.
[Mr. W il l ia m s ] has the floor.
The PRESIDENT pro tempore. The Senator from Kansas
moves that the Senate proceed to the consideration of the bill
notwithstanding the objection which has been interposed.
Does the Senator from Missouri rise to the motion?
Mr. LODGE. It is not debatable.
Mr. STONE. I did not mean to object, but----- The PRESIDENT pro tempore. The Senator from Utah
made the objection. The Senator from Kansas moves that the
Senate proceed to the consideration of the bill notwithstanding
the objection.
The motion was agreed t o ; and the Senate, as in Committee
of the Whole, resumed the consideration of the bill.
The PRESIDENT pro tempore. The bill will be read.
The Secretary proceeded to read the bill and read to line IS,
on page 4.
Mr. WILLIAMS. I desire to offer an amendment there, to
which I will call the attention of the Senator from Kansas.
Mr. BRISTOW. Just where?
Mr. WILLIAMS. After the words “ District of Columbia,
in line 14, page 4. I offer as an amendment these -words:
I
J
1912.
CONGRESSIONAL RECORD— SENATE.
sale o r 'le a se or any other disposition according to the laws of the
United States. That the President, through said commission or other
wise, as he may deem best, shall, in connection with the construction
and operation of said railroad, develop and operate a coal mine or
mines within the area so reserved in the Bering River coal fields and
deliver the coal mined at such point or points as may be necessary
for the purposes of the Government, and he is authorized, through said
commission or otherwise, to provide all the necessary facilities of all
kinds and character to accomplish this purpose: Provided, That any
ccal mined and not needed for Government purposes may be sold to the
public at not less than 0 per cent more than the cost at the place of
delivery, such cost to he ascertained and determined by the commission.
S ec . 4. That any line of railroad designated and constructed under
the provisions of tnis act may connect with the line of any existing rail
road in Alaska, and. in such case, the existing line shall be operated in
connection with the new line as a through route with through rates
upon a fair and reasonable apportionment of revenue and expenses.
S e c . 5. T hat the Secretary of the Treasury is hereby authorized to
borrow, on the credit of the United States, from time to time, as the
proceeds may be required to defray expenditures authorized by this act
(such proceeds when received to be used only for the purpose of meeting
such expenditure), the sum of ?4,000 ,0 0 0 , or so much thereof as may
be necessary, and to prepare and issue therefor coupon or registered
bonds of the United States, in such form as he may prescribe, and in
denominations of $20 or some multiple of that sum, redeemable in
gold coin at the pleasure of the United States after 10 years from the
date of their issue, and payable 30 years from such date, and bear
ing interest, payable quarterly in gold coin, at the rate of 3 per
cent per annum ; and the bonds herein authorized shall be-exempt from
all taxes or duties of the United States, as well as from taxation
in any form by or under State, municipal, or local authority : Provided,
That ‘said bonds may be disposed of by the Secretary of the Treasury
at not less than par, under such regulations as he may prescribe, giving
to all the citizens of the United States an equal opportunity to sub
scribe therefor ; but no commissions shall be allowed or paid thereon,
and a sum not exceeding one-tenth of 1 per cent of the amount of the
bonds herein authorized is hereby appropriated, out of any money in
the Treasury not otherwise appropriated, to pay the expense of pre
paring, advertising, and issuing the same.
S ec G That it is the intent of this act to authorize and empower
the President to do any and all things necessary to carry o u f and ac
complish the purposes herein provided for.
,,
S fc 7 That the President, through said commission or otherwise, is
also authorized and directed to cause such surveys for additional rail
road lines extensions, or branches to be made in order that he may
recommend to Congress such action as he may deem advisable with
reference to the extension of the railroad herein provided or the con
struction and operation of new lines or branch lines.
6793
Mr. REED (when his name was called). I have a pair with
the Senator from Michigan [Mr. S m i t h ], I transfer that pair
to the Senator from Ohio [Mr. P o m e k e n e ] and vote. I vote
“ yea.”
Mr. RICHARDSON (when his name was called). I have a
general pair with the junior Senator from South Carolina [Mr.
S m i t h ] . A s he is not present, I withhold my vote.
Mr. SIMMONS (when his name was called). I have a gen
eral pair with the junior Senator from Minnesota [Mr. C l a p p ].
In his absence, I withhold my vote.
Mr. SMITH of Georgia (when his name -was called). I have
a general pair with the senior Senator from Nebraska [Mr.
B r o w n ].
A s he does not seem to be present, I withhold my
vote. I f he were present, I should vote “ yea.”
Mr. CHILTON (when Mr. W a t s o n ’ s name was called). My
colleague [Mr. W a t s o n ] has a pair with the senior Senator
from New Jersey [Mr. B r ig g s ]. My colleague is unavoidably
detained from the Chamber.
Mr. WILLIAMS (when his name was called). I have a gen
eral pair with the senior Senator from Pennsylvania [Mr. P e n
rose].
In his absence. I withhold my vote. I ask that this
announcement stand for the day.
The roll call was concluded.
Mr. BRANDEGEE (after having voted in the affirmative). I
inquire if the junior Senator from New York [Mr. O ’ G o r m a n ]
has voted?
The VICE PRESIDENT. The Chair is informed that he has
not voted.
Mr. BRANDEGEE. I have a general pair with that Sena
tor, and I therefore withdraw my vote.
Mr. CUEBERSON (after having voted in the affirmative).
In view o f my general pair with the Senator from Delaware
[Mr. d u P o n t ] , I withdraw my vote.
Mr. LODGE. I desire to announce the pair of my colleague
[Mr. C r a n e ] with the Senator from Arkansas [Mr. D a v i s ],
Mr. CRAWFORD. I desire to announce that my colleague
[Mr. G a m b l e ] is paired with the Senator from Oklahoma [Mr.
Mr. BACON. Mr. President, as I understand, the question
before the Senate is whether the bill shall be referred to the O w e n ].
Mr. JONES. I desire to state that my colleague [Mr. P o i n
Committee on Public Lands or to the Committee on Territories.
Before I vote I should like very much to know which com d e x t e r ] is unavoidably absent from the Chamber.
Mr. HEYBURN (after having voted in the negative). I have
mittee is teast apt to report this bill favorably, because that is
a pair with the senior Senator from Alabama [Mr. B a n k h e a d ] .
the committee to which I should like to have it referred.
Mr. BRISTOW. I desire to state that the question now is on I do not see him present, and I inquire if he has voted?
The VICE PRESIDENT. The Chair is informed that the
the motion to reconsider the action of the Senate in referring
the bill to the Committee on Public Lands. The chairman of Senator from Alabama has not voted.
Mr. HEYBURN. Then I withdraw my vote.
the Committee on Territories is not present; I know that com
Mr.
am
that if my col
mittee has been considering this matter, and I ask that the league,JOHNSTON of Alabama. I [Mr. satisfied a d ] , were pres
the Senator
Bankhe
action be reconsidered and that the bill lie on the table pending ent he would vote , from Alabama
action until he can be present.
Mr. IIEl'BUTfN. Then, upon that stateiilPn-RI will allow my
The VICE PRESIDENT. The question is on the motion to votetcrtffand.
reconsider.
The result was announced-—yeas 31, nays 23, as follows
Mr. CULBERSON. Mr. President I only wish to say that
Y E A S — 31.
evidently the primary object of this bill is to construct a pjffl- Ashurst
Crawford
Hitchcock
Itayner
_road in Alafka. Whatever there may be in it with resp&rt~to- Bacon
Kern
Reed
Cummins
Stone
Lea
Curtis
"public lands is merely incidental to the main purpose of build Bo rail
Shively
Bourne
Foster
Lippitt
ing a railroad and in my judgment the bill ought obviously to Bristow
Swanson
Gallinger
Lodge
go to the Committee on Territories.
Tillman
Martine, N. J.
Bryan
Gardner
Warren
Myers
Gore
The VICE PRESIDENT. The question is on the motion to Cfiilton
Overman
Clarke, Ark.
Gronna
reconsider the action of the Senate in referring the bill to the
N A Y S — 23.
Committee on Public Lands. On that question the yeas and
Smoot
Nixon
Fall
Bradley
nays have been ordered. The Secretary will call the roll.
Sutherland
Oliver
Fletcher
Catron,
Thornton
The Secretary proceeded to call the roll.
Heyburn
Page
Chamberlain
Townsend
Perkins
Johnston, Ala.
Mr. BURNHAM (when his name was called). I have a gen Clark, Wyo.
Works
Sanders
Cullom
Jones
eral pair with the junior Senator from Maryland [Mr. S m i t h ]. Dillingham
Smith, Ariz.
McLean
In his absence I withhold my vote.
NOT VO TIN G — 41.
Mr. GUGGENHEIM (when his name was called). I have a Bailey
Newlands
Smith, Ga.
Dixon
O ’Gorman
Smith, Md.
general pair with the senior Senator from Kentucky [Mr. Bankhead
du Pont
Owen
Smith, Mich.
Brandegee
Gamble
P a y n t e r ] , who is unavoidably detained from the Senate. I
Paynter
Smith, S. C.
Guggenheim
Briggs
therefore withhold my vote.
Penrose
Stephenson
Johnson, Me.
Brown
Percy
W atson
Kenyon
Mr. GARDNER (when the name of Mr. J o h n s o n of Maine Burnham
Poindexter
La Follette
Wetmore
Burton
was called). My colleague [Mr. J o h n s o n ] is necessarily absent t Clapp
Pomerene
Lorimer
W illiam s
from the Chamber. He is paired with the senior Senator from "■
Ilichardson
McCumber
‘Crane
ltoot
Martin, Va.
Culberson
New York [Mr. R o o t ].
Simmons
Nelson
Mr. McCUMBER. I have a general pair with the senior Davis
Sd*Mr. B r i s t o w ’ s motion to reconsider was agreed to.
Senator from Mississippi [Mr. P e r c y ], I understand that the
The ^
’T©&-RREl<»JDENr\ -The bill will lie on the table sub
I
Senator is necessarily absent from the city on account of severe
ject to the presence of the chairman of the Committee on Terri
illness in his family, and I therefore withhold my vote.
Mr. SWANSON (when the name of Mr. M a r t i n of Virginia tories.
Mr. BACON. I do not object to that course, but I intended
was called). My colleague [Mr. M a r t i n ] is detained from the
Senate on account of serious illness in his family. He is paired to move that the bill be referred to the Committee on Finance.
The VICE PRESIDENT. The Senator from Kansas asked
With the junior Senator from Wisconsin [Mr. S t e p h e n s o n ].
Mr. GALLINGER (w h en Mr. N e w la n d ’ s nam e w as ca lle d ). that the bill be referred to the Committee on Territories.
Mr. BACON. It is of such importance and involves such
I am requested to announce that the senior Senator from Nevada
tremendous expenditures, including an issuance of United
[M r . N e w l a n d s ] is paired w ith the Senator from Ohio [Mr.
States bonds, that I think it ought to go to the Committee on
B u r t o n ],
X L V III------ 427
6794
CONGRESSIONAL RECORD— SENATE.
Finance. But ,1 will not make the motion now, because of tlie
absence of the chairman of the Committee on Territories.
THE JUDICIARY.
Mr. CRAWFORD. I introduce a joint resolution proposing
an amendment to the Constitution, which naturally w ill'go to
the Committee on the Judiciary, but I ask that it may lie on
the table, as I intend in the near future to address the Senate
upon it.
Mr. HEYBURN. Let it be read.
Mr. CRAWFORD. I ask that it be read at length.
The joint resolution (S. J. Res. 109) proposing an amendment
to the Constitution of the United States was read the first time
by its title and the second time at length, as follows:
Resolved by the Senate and House of Representatives of the United
Slates of America in Congress assembled (two-thirds of each House
concurring therein), That the following be proposed as an amendment
of section 1 of Article III of the Constitution of the United States,
which will be valid to all intents and purposes as part of the Consti
tution when ratified by the legislatures of three-fourths of the States,
namely •
„ ,,
Amend said section 1 to read as follows :
“ The judicial power of the United States shall be vested in one Su
preme Court and in such inferior courts as the Congress may from
time to time ordain and establish. The judges, both of the Supreme
and inferior court, shall, at stated times, receive for their services a
compensation which shall not be diminished during their continuance
in office. The judges of the Supreme Court shall hold their offices
during good behavior.
The judges of the inferior courts shall hold
their offices for terms of 10 years.”
M a y 20,
Mr. CURTIS. I move that the Senate insist upon its amend
ments and consent to the conference, and that the Chair ap
point the conferees on the part of the Senate.
The motion was agreed t o ; and the Vice President appointed
Mr. C u r t is , Mr. D i l l i n g h a m , and Mr. P a y n t e r conferees on
the part of the Senate.
a g r ic u l t u r a l
a p p r o p r ia t io n
b il l .
The VICE PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments of
the Senate to the bill (H. R. 18960) making appropriations for
the Department of Agriculture for the fiscal year ending June
30, 1913, and requesting a conference with the Senate on the
disagreeing votes of the two Houses thereon.
Mr. BURNHAM. I move that the Senate insist upon its
amendments and that the request of the House of Representa
tives for a conference be granted, and that the Chair appoint
the conferees on the part of the Senate.
The motion was agreed t o ; and the Vice President appointed
Mr. B u r n h a m , Mr. W a r r e n , and Mr. B a n k h e a d conferees on
the part of the Senate.
HOUSE BILL REFERRED.
IF. II. 24153. An act to amend and reenact section 5241 of the
Revised Statutes of the United States was read twice by its
title and referred to the Committee on Finance.
EIGHT-HOUR LABOR LAW.
Tbe VICE PRESIDENT. Without objection, the joint reso
Mr. BORAH. I ask unanimous consent to call up for present
lution will lie on the table.
consideration the bill (H. It. 9061) limiting the hours of daily
service of laborers and mechanics employed upon work done f or
AMENDMENTS TO APPROPRIATION BILLS.
Mr. HEYBURN submitted an amendment proposing to pay the United States, or for any Territory, or for the District of
former employees of the Forest Service the amount recom Columbia, and for other purposes.
The VICE PRESIDENT.. For the purpose of discussion?
mended by the Secretary of Agriculture for injuries incurred
Mr. BORAH. For the purpose of consideration.
in fighting fires in the Coeur d’Alene National Forest, in Idaho,
The VICE PRESIDENT. The Senator from Idaho asks
August, 1910, etc., intended to be proposed by him to the sundry
civil appropriation bill, which was referred to the Committee on unanimous consent for the present consideration of a bill, the
title of which will be stated.
Appropriations and ordered to be printed.
The S e c r e t a r y . A bill (H. R. 9061) entitled “An act limiting
Mr. SMITH of Arizona submitted an amendment relative to
the rates to be fixed by order of the Interstate Commerce Com the hours of daily service of laborers and mechanics employed
mission, etc., intended to be proposed by him to the legislative, upon work done for the United States, or for any Territory, or
etc., appropriation bill (H. R. 24023), which was referred to the for the District of Columbia, and for other purposes.”
The VICE PRESIDENT. Is there objection?
Committee on Appropriations and ordered to be printed.
Mr. GALLINGER. Before consent is given I will ask the
INDIAN ALLOTMENTS.
Senator if it is his purpose to have final action to-day. I under
Mr. JONES submitted an amendment intended to be proposed stand the Senator from New York [Mr. R o o t ] , who is absent,
by him to the bill (FI. R. 1332) regulating Indian allotments desires to be present when the bill is considered, and I do not
disposed of by will, which was referred to the Committee on know that he will be here to-day.
Indian Affairs and ordered to be printed.
Mr. BORAFI. I have an understanding with the Senator
from New York that I will not press the bill to final disposition
THE METAL SCHEDULE.
in his absence, but there are amendments that can be disposed
Mr. TOWNSEND submitted an amendment intended to be
proposed by him to the amendment submitted by Mr. C u m m i n s of to-day. I shall not ask for a final vote in the absence of the
to the bill (FI. R„ 18642) to amend an act entitled “An act to Senator from New York.
Mr. GALLINGER. I will further inquire from the Senator
provide revenue, equalize duties, and encourage the industries
of the United States, and for other purposes,” approved August whether it is his intention to explain the provisions of the bill
which are in controversy?
5, 3909, which was ordered to lie on the table and be printed.
Mi-. SIMMONS. That will not interfere with the unfinished
THE NATIONAL BANKING SYSTEM.
business?
Mr. SMOOT. I ask that 200 additional copies of Senate
The VICE PRESIDENT. No. Is there objection to the pres
Document No. 538, Sixty-first Congress, second session, be ent consideration of the bill (IF. R. 9061) limiting the hours of
printed for the use of the Treasury Department.
daily service of laborers and* mechanics employed upon work
The VICE PRESIDENT. Without objection, an order there done for the LT
nited States, or for any Territory, or for the Dis
for will be entered.
trict of Columbia, and for other purposes?
. The order as agreed to was reduced to writing, as follow s:
Mr. GALLINGER. Let the bill be read.
Ordered, That 200 additional copies of Senate Document 538, SixtyThe VICE PRESIDENT. The Chair hears no objection, and
first Congress, second session, on Crises in the history of the national
the bill is before the Senate as in Committee of the Whole.
hanking system, be printed for the use of the Treasury Department.
Mr. GALLINGER. Let it be read for information.
PRIVILEGES OF THE PRESS GALLERY.
The VICE PRESIDENT. Without objection, the Secretary
The VICE PRESIDENT laid before the Senate the resolution will again read the bill. The bill has been read, and the Sena
(S . Res. 314) submitted by Mr. H e y b u r n on the 17th instant, tor from New Hampshire asks that it be read for the informa
which was read and referred to the Committee on Rules, as tion of the Senate. Without objection, the Secretary will read
follow s:
the bill.
Resolved, That any paper publishing the proceedings of an executive
The Secretary read the bill.
session of the Senate, or what purports to be the proceedings of an
Mr. BORAH. Mr. President, the law relative to an 8-hour
executive session, shall not be entitled to the privileges of the press
gallery of the Senate ; sjnd that the Sergeant at Arms of the Senate be day as it now stands upon the statutes of the United States is
instructed to exclude from the press gallery any representative of any as follow s:
paper publishing such report who may be found therein.
LOANS IN THE DISTRICT OF COLUMBIA.
That the service and employment of all laborers and mechanics who
are now or may hereafter be employed by the Government of the
United States, by the District of Columbia, or by any contractor or
subcontractor upon any of the public works of the United States or of
the said District of Columbia, is hereby limited and restricted to 8
hours in any one calendar day, and it shall be unlawful for any officer
of the United States Government or of the District of Columbia or any
such contractor or subcontractor whose duty it shall be to employ
direct, or control tbe services of such laborers or mechanics to require
or permit any such laborer or mechanic to work more than 8 hours in
any calendar day except in case of extraordinary emergency.
The VICE PRESIDENT laid before the Senate the action of
the House of Representatives disagreeing to the amendments of
the Seuate to the bill (H. R. S768) to regulate the business of
loaning money on security of any kind by persons, firms, and
corporations other than national banks, licensed bankers, trust
companies, savings banks, building and loan associations, and
real estate brokers in the District of Columbia, and requesting a
The other provision s o f the law perhaps it is not n ecessary
conference with the Senate on the disagreeing votes of the two to read, but I w ill insert them in the R ecord, being sections 2
Houses thereon.
and 3, w hich I have n ot read.
1912
P
ij| H
The
proviso
RD— SENATE.
iMiAm.
Addj^at the end of section 1 the following
Provided, That if a Saturday half holiday is given to laborers and
engaged on such work, an employment thereon of not more
than 48 hours per week of workdays of not more than 9 hours each
shall be deemed a compliance with the provisions of this act.
rm
The PRESIDING OFFICER. The Secretary will call the
■
roll on agreeing to the amendment of the Senator from Massa
chusetts.
The Secretary proceeded to call the roll.
Mr. LODGE (when Mr. C ran e ’ s name was called). My col
league [Mr. C r a n e ] is absent from the Chamber. He ha^ra
general pair with the Senator from Arkansas [Mr. D a v is ] . /
Mr. RORAII (when Mr. K e n y o n ’ s name was called). J The
J J V ' Senator from Iowa [Mr. K e n y o n ] is necessarily absent, / t f he
were present, he would vote “ nay.”
/
Mr. NIXON (when his name was called). I have a feneral
Pair with the junior Senator from Virginia [Mr. Sw^ vson].
Therefore I withhold my vote.
Mr. O’GORMAN (when his name was called). I have a gen
eral pair with the senior Sbnator from Connecticut [Mr. i I rande gee ], who is not now in the Chamber.
If I were at liberty to
vote, I should vote “ nay.”
Mr. SIMMONS (when Mr. O v e r m a n ’ s name was called). I
desire to announce that my colleague [Mr. O v e r m a n ! is un
avoidably absent from the Chamber. He is paired ^ith the
Senator from California [Mr. P e r k in s ].
Mr. WILLIAMS (when Mr. P e rcy ’ s name was called). I
wish to announce that m y colleague [Mr. P e r c y ] is kept from
the Chamber by a sudden and serious illness o f one of his
brothers. He is paired with the Senator from North Dakota
[Mr. M c C u m b e r ].
Mr. PERKINS (when his name was called). I am paired
with the Senator from North Carolina [Mr. O v e r m a n ]. In his
absence, I withhold my vote.
Mr. JONES (when Mr. P oindexter ’ s name was called). I
desire to state that my colleague [Mr. P oindexter ] is absent
from the Chamber on important business. I think if he were
present he would vote “ nay ” on this amendment.
Mr. ROOT (when his name was called). I have a general
pair with the senior Senator from Maine [Mr. J o h n s o n ]. I
transfer that pair to the Senator from Illinois [Mr. L o r im e r ]
and vote. I vote “ yea.”
Mr. SIMMONS (when his name was called). I have a gen
eral pair with the junior Senator from Minnesota [Mr. C l a p p ].
If he werp present, and I were at liberty to vote, I should vote
“ nay.”
Mr. TOWNSEND (when the name of Mr. S m it h o f Michigan
was called). The sen ior Senator from Michigan [Mr. S m i t h ]
is unavoidably detained from the Chamber.
The roll call was concluded.
Mr. IIEYBURN (after having voted in the affirmative). I
inquire whether'the senior Senator from Alabama [Mr. B a n k h e a d ] has voted?
The PRESIDING OFFICER. The Chair is informed that the
Senator from Alabama has not voted. .
Mr. HEYBURN. Then I withdraw my vote, having a pair
With that Senator.
Mr. BURNHAM. I have a general pair with the junior Sen
ator from Maryland [Mr. S m i t h ]. In his absence I withhold
niy vote. I f I were at liberty to vote I should vote “ yea.”
Mr. FOSTER. I have a general pair with the junior Senator
from Wyoming [Mr. W a r r e n ], who is unavoidably absent from
the Senate on public business. In his absence I withhold my
vote.
Mr. DU PONT. I have a general pair with the senior Sena
tor from Texas [Mr. C ulberson ]. A s he is not present in the
Chamber, I will withhold my vote.
Mr. SMITH of Georgia (after having voted in the negative).
I have a general pair with the senior Senator from Nebraska
[Mr. B r o w n ], and as I find that he has not voted and is not in
the Chamber, I will withdraw my vote.
Mr. CHILTON (after having voted in the negative). I have
g general pair with the senior Senator from Illinois [Mr.
C u l l q m ]. I inquire whether he is recorded as voting?
The PRESIDING OFFICER. The Chair is informed he has
hot voted.
Mr. CHILTON. Then I withdraw my vote.
While I have the floor I desire to announce that my col
league [Mr. W a t s o n ] is necessarily absent from the Senate.
He has a general pair with the senior Senator from New Jersey
[Mr. B riggs ].
Mr. O’GORMAN. I desire to inquire whether the senior
Senator from Connecticut [Mr. B randegee ] has voted? .
The PRESIDING OFFICER. The Chair is informed that
he has not voted.
*
6 9 41
Mr. O’GORMAN. I have a general pair, as I have already
announced, with the senior Senator from Connecticut, but I
transfer that pair to the junior Senator from Maine [Mr.
G ardner ] and vote. I vote “ nay.”
Mr. CRAWFORD. I am requested to announce that my col
league [Mr. G a m b l e ] is paired w ith the Senator from Oklahoma
[Mr. O w e n ].
The result was announced—yeas 14, nays 35, as follows:
Bradley
Bryan
Burton
Dillingham
Fletcher
Gallinger
Lippitt
Lodge
Y E A S — 14.
McLean
Oliver
Richardson
Root
Sanders
Wetmore
Ashurst
Bacon
Borah
Bourne
Bristow •
Chamberlain
Clarke, Ark.
Crawford
Cummins
Curtis
Fall
Gore
Gronna
Guggenheim
Hitchcock
Jones
Kern
Lea
N A Y S — 35.
Martino, N. J.
Myers
Newlands
O’Gorman
Page
Penrose
Pomerene
Rayner
Reed
Shively
Smith, Ariz.
Smith. S. C.
Sutherland
Tillman
Townsend
W illiam s
Works
Bailey
Bankhead
Brandegee
Briggs
Brown
Burnham
Catron
Chilton
Clapp
Clark, Wyo.
Crane
Culberson
Cullom
Davis
Dixon
du Pont
Foster
Gamble
Gardner
Heyburn
Johnson, Me.
Johnston, Ala.
Kenyon
L a Follette
NOT VO TIN G — 46.
Lorimer
McCumber
Martin, Va.
Nelson
Nixon
Overman
Owen
Paynter
Percy
Perkins
Poindexter
Simmons
,
Smith, Ga.
Smith. Md.
Smith, Mich.
Smoot
Stephenson
Stone
Swanson
Thornton
Warren
W atson
So Mr. L odge’ s amendment was rejected.
Mr. LODGE. Mr. President, I offer the amendment which I
send to' the desk, and I hope the Senator from Idaho will be
willing to accept it. It is a small matter and relates to the
construction of certain boats. I will explain it in a moment.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Massachusetts will be stated.
The S ecretary . In section 2, on page 4, line 15, after the
date “ 1S92,” it is proposed to strike out “ or to apply to work
done under contracts made prior to the passage of this act ”
and to insert the words “ or apply to contracts which have been
or may be entered into under the provisions of appropriation
acts approved prior to the passage of this act.”
Mr. LODGE. Mr. President, the bill now exempts from the
application of the proposed law work done under contracts made
prior to the passage of this act. There were three vessels—
not large vessels—authorized under a recent act which would
have been contracted for some time ago but that the plans had
to be changed in order to meet the requirements of the appro
priation. Unless this alteration is made—for, of course, this
will increase very much the price of all these vessels— those
vessels will not be constructed and it will be necessary to again
appropriate for them. It was thought at the department that as
it was an accident owing to the changes in the plans, there
would be no objection to exempting them as they would have
been exempted had it not been for the delay, under the bill as
it now stands.
Mr. BORAH. I ask that the amendment proposed by the
Senator from Massachusetts may be reread.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Massachusetts will be again stated.
The Secretary again read Mr. L odge’ s amendment.
Mr. BORAIL Mr. President, I have no objection to that
amendment; that is, to the principle of the amendment, but,
unless I am in error as to the amendment, it would make neces
sary some other changes which the amendment does not antici
pate.
Mr. LODGE. It was not intended to do anything except
extend it to vessels already appropriated for.
Mr. BORAH. With that understanding-----Mr. LODGE. I f it goes further than that, the Senator from
Idaho can modify it in any way he desires.
Mr. BORAH. So far as I can do so, I accept the amendment.
The PRESIDING OFFICER. The question is on agreeing
to the amendment.
The amendment was agreed to.
Mr. ROOT. I offer the amendment which I send to the desk.
T he PRESIDING OFFICER. The amendment will be stated.
The S ecretary . On page 1, line 4, after the word “ party,”
it is proposed to insert “ except contracts made in connection
with the construction of the Isthmian Canal.”
The PRESIDING OFFICER. Does the Senator from New
York desire all the printed amendments to be considered to
gether?
■
6942
CONGRESSIONAL RECORD— SENATE.
Mr. ROOT. I think if the first is passed upon the second will
follow necessarily. The third is a separate amendment.
Mr. BORAH. Mr. President-----The PRESIDING OFFICER. Does the Senator from New
York yield to the Senator from Idaho?
Mr. ROOT. Certainly. Mr. BORAH. I hold in my hand an amendment offered by
the Senator from New York under date of May 7, 1912. Is that
the amendment which he has offered?
Mr. ROOT. That is the amendment.
Mr. BORAH. Mr. President, so far as I am concerned, I see
no objection to the amendment, but, because of the manner in
which it is inserted, I am of the opinion that it might have a
different effect than that which is anticipated. It reads:
May 2o
making appropriations to supply urgent deficiencies in the apppronw
tions for the fiscal year ending .Tune 30, 1906, and for prior years . a'
for other purposes,” approved February 27, 1906, shall not apniva^
unskilled alien laborers and to the foremen and superintendents of
laborers employed in the construction of the Isthmian Canal within
Canal Zone.
tbe
I
1
i
I wanted to be sure that in saving that original act from tv
we saved also the amendments.
ls l
Mr. BORAH. Very well; I have no objection to the amem ™
ment.
The PRESIDING OFFICER. The question is on agreeing f
the amendment proposed by the Senator from New York. ^ lo
The amendment was agreed to.
Mr. CLARKE of Arkansas. Mr. President, I think the
should be additional language inserted in the bill by addin^
On page 1, line 4, after the word “ party,” insert the words “ except after the amendment already adopted, the words “ except
contracts made in connection with the construction of the Isthmian herein otherwise expressly provided.” There have been sever??
Canal.”
e.
modifications of the acts of 1892 and 1906, and with the passag
'
Then, with the amendment inserted, the provision would read of this bill, if the text of those statutes is now in existeim
as follows:
necessarily the latest law will control. There ought to be 6’
That every contract hereafter made to which the United States, any provision inserted as to conflicting provisions or provisions t v ?
Territory, or the District of Columbia is a party, except contracts made
in connection with the construction of the Isthmian Canal, and every cover the same ground, whether they 'conflict or not.
such contract made for or on behalf of the United States, or any Terri
The PRESIDING OFFICER. Does the Senator from a.
tory, or said District, which may require or involve the employment of kansas offer an amendment?
* r'
laborers or mechanics shall contain a provision that no laborer or
Mr. CLARKE of Arkansas. I call it to the attention of th
mechanic doing any part of the work contemplated by the contract—
Senator from Idaho, and move that it be adopted as an amemf
And so forth. Perhaps that is all right.
Q $
'
Mr. ROOT. I think so. I think it incorporates the exception ment.
The PRESIDING OFFICER. The Senator from ArkanSa
into the general description of contracts affected. That is what
proposes the following amendment, which will be stated.
it was intended to do.
The S e c r e t a r y . It is proposed to add to the amendment n r
Mr. BORAH. The purpose of the Senator, of course, is
simply to except the Isthmian Canal and contracts made in pur posed by the Senator from New York the words “ except «?'
herein otherwise expressly provided.”
suance of its construction.
Mr. ROOT. Might not that have, the effect of nullifying ti
Mr. ROOT. - That is all.
&
Mr. BORAH. Now, would the Senator be willing to submit whole amendment?
Mr. CLARKE of Arkansas. No. The text of the acts
as an amendment an extra section, simply providing that this
mains the law except in cases where it is expressly provRA'
bill shall not apply to the Isthmian Canal?
“
Mr. ROOT. Perfectly. There is a suggestion that Col. otherwise'by this proposed act.
Mr. ROOT. This provision is that nothing in this act shall
Goethals himself has made which has come in since this amend
ment was printed, and I think the Senator from Idaho has a be construed to repeal or modify the act of 1892.
Mr. CLARKE of Arkansas. Yes.
copy of the letter in which he makes the suggestion; and that
Mr. ROOT. And as amended by the proposal I made it would
is, in line 3, on page 4, at the end of the sentence which author
izes the President to waive the provisions of the act as to spe be that nothing in this act shall be construed to repeal the ao? ^
cific contracts during time of war or when war is imminent, to of 1S92 as amended.
Mr. CLARKE of Arkansas. I suggest the words “ except as
add these words:
herein otherwise expressly provided.”
And until January 1, 1915, as to any contract or contracts entered
Mr. BORAH. The Senator’s amendment, I think, would have j
into in connection with the construction of the Isthmian Canal.
the effect of militating against the amendment of the Senator
Mr. BORAH. I have no objection to that amendment.
Mr. ROOT. Then, I will withdraw the other amendment from New York.
Mr. CLARKE of Arkansas. I beg pardon. I did not hear the
which I offered and offer that instead.
The PRESIDING OFFICER. The Senator from New York last remark of the Senator front Idaho.
Mr. BORAH. I f I understand the amendment of the Senator l
withdraws his first amendment and offers an amendment in
from Arkansas correctly, it would have the effect of modifying
place thereof, which will be stated.
“
The S e c r e t a r y . On page 4, line 3, after the word “ immi the amendment of the Senator from New York.
Mr. CLARKE of Arkansas. I had no such Intention. I v
nent,” it is proposed to insert “ and until January 1, 1915, as
to any contract or contracts entered into in connection with the tended merely to preserve so much o f the two acts mentioned
as is not changed by the passage o f this law.
construction of the Isthmian Canal.”
Mr. BORAH. The act of 1892 does not affect it. I have nu
The PRESIDING OFFICER. The question is on agreeing to
particular objection to that amendment. If it is found to b°
the amendment.
an error, it can be taken care of in conference, I presume.
6
The amendment was agreed to.
Mr. CLARKE of Arkansas. If my amendment provokes anv
Mr. ROOT. Mr. President, that disposes of the first two
discussion or is likely to delay the passage of the bill, in vie^
amendments on the paper I have sent to the desk, but I think
of
I
the third had better be passed upon. It is on page 4, line 15, it, the fact that other business will shortly take precedence 1 ’ll I
I will withdraw it.
T
after the word “ ninety-two,” insert the words “ as modified by
I offer the amendment I send to the desk, and call the atten
)
the acts of Congress approved February 27, 1906, and June 30, tion of the Senator from Idaho to it.
^
1900.”
The PRESIDING OFFICER. The Senator from Arkansas .?
That is merely to prevent a possible misunderstanding.
withdraws his former amendment?
The PRESIDING OFFICER. The Senator from New York
Mr. CLARKE of Arkansas. Yes.
offers an amendment, which will be stated.
The PRESIDING
The S e c r e t a r y . On page 4, line 15, after the word “ ninety- which will be stated. OFFICER. And offers an amendment’ $ I
two,” it is proposed to insert the words “ as modified by the
Mr. ROOT. I understand the amendment I offered w*io
acts of Congress approved February 27, 1906, and June 30, agreed to.
1906.”
Mr. CLARKE of Arkansas. Yes.
Mr. ROOT. The bill as reported saves the act, chapter 352
The PRESIDING OFFICER. The amendment of the Sena
of the laws of 1892, from the effect of the bill. That act has tor from New York was agreed to.
beeu amended, and I -want to make it sure that the act as
The S e c r e t a r y . It is proposed to amend by adding, after
amended is saved.
the word “ not,” line 18, on page 3, the following: “ Nor to the
Mr. BORAH. What amendment was made to that act to construction or repair of levees or revetments necessary for
which the Senator refers?
protection against floods and overflow's on the navigable waters
Mr. ROOT. I think it is the amendment-----of the United States.”
Mr. BORAH. Is that the amendment excepting foreign labor
Mr. BORAH. Does the Senator from Arkansas intend that
from the operation of the act?
to apply to cases of emergency?
Mr. ROOT. Yes. It reads:
[Mr. CLARKE of Arkansas addressed the Senate, See Ap- ^ iS e c . 4. The provisions of an act entitled “An act relating to the limi
tations of the hours of daily service of laborers and mechanics em pendix.]
ployed upon the public works of the United States and of the District
of Columbia,” approved August 1, 1892, and of an act entitled ‘An act
Mr. BORAH.
May the amendment again be stated?
1912.
CONGRESSIONAL RECORD— SENATE.
handful o f pebbles until you come in contact with labor and
its products. There for the first time your gold has the capacity
of value.
Mr. CULBERSON. Mr. President, I notice that there is only
one Senator on the opposite side o f the Chamber present. I
suggest the absence o f a quorum.
The PRESIDENT pro tempore. The Senator from Texas
suggests the absence of a quorum. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
a n sw ered to th e ir n a m e s :
Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Bristow
Bryan
Catron
Clark, W yo.
Clarke, Ark.
Culberson
Cullom
Cummins
Curtis
Fall
Fletcher
Gallinger
Gore
Gronna
Heyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Lodge
McCumber
Alartine, N. J.
Myers
O’Gorman
Overman
Page
Paynter
Pomerene
Rayner
Sanders
Shively
Simmons
Smith, Ga.
Smoot
Stephenson
Swanson
Wetmore
W illiam s
Mr. ASHURST. I desire to announce that my colleague
[Air. Smith of Arizona] is absent on important public business.
Mr. SMOOT. I desire to state that my colleague [Air. Suth
erland] is detained from the Senate on business of the Senate/
He has a general pair with the Senator from Maryland [Al/.
R a y n e b ], i f a v o te shou ld be called.
m en t fo r the day.
Air. WILLI A AIS.
I m ake this ann oun ce
I jvish^ to^^mala^ the ^announcement that
The PRESIDENT pro tempore. Forty-three Senators have
answered to their names; not a quorum.
Air. HEYBURN. I move that the Senate do now adjourn.
The PRESIDENT pro tempore. The Senator from Idaho
moves that the Senate adjourn. [Putting the question.] The
noes appear to have it.
1.
Mr. HEYBURN. I ask for a division.
% J T h e re w ere, on a d iv ision — ayes 12, n oes 1G.
A T HEYBURN.
T.
,*• •
** • '
1 ask fur. ike yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Air. SAIITH of Georgia (when his name was called). I %n
paired with the senior Senator from Nebraska [Air. B row n J.
I do not know that the pair ought to control my vote in a matter
of this sort, but, in order to be sure, I will observe the pair;!
I f I were at liberty to vote, I would vote “ nay.”
Air. SWANSON (when his name was called). Has the junior
Senator from Nevada [Air. N ixon ] voted?
The PRESIDENT pro tempore. He has not voted.
Mr. SWANSON. I have a general pair with that Senator,
and therefore withhold my vote. If he were present, I should
vote “ nay.” I f permissible under the rules, I should like to
be recorded as present.
The roll call was concluded.
Air. CULLOM (after having voted in the negative). I have a
general pair with the senior Senator from West Virginia [Air.
C hilton ]. I had forgotten about it when I voted. I withdraw
my vote, as this seems to be a party .question.
Air. CULBERSON (after having voted in the negative). I
will ask i f the Senator from Delaware [Air. nu P o n t ] h as
voted.
The PRESIDENT pro tempore. He has not voted, the Chair
is informed.
Air. CULBERSON. In view of my general pair with that
Senator, I withdraw my vote.
Air. A1ARTINE of New Jersey. I desire to announce the pair
of the junior Senator from West Virginia [Air. AVatson] and
the senior Senator from New Jersey [Air. B riggs].
Air. RAYNER (after having voted in the negative). I am
paired with the Senator from Utah [Air. Sutherland], and I
withdraw my vote.
Air. OLIVER. Has the junior Senator from Oregon [Air.
Chamberlain ] voted?
The PRESIDENT pro tempore. The Chair is informed that
the junior Senator from Oregon has not voted.
Air. OLIVER. I have a general pair with the junior Sena
tor from Oregon and therefore withhold my vote. The junior
Senator from Oregon requested me to announce that he was
compelled to leave the Chamber on important business.
Air. SAIITH of Georgia. I transfer my pair with the senior
Senator from Nebraska [Air. B rown] to the junior Senator
from Indiana [Air. K ern] and vote “ nay.”
Mr. JOHNSON of Alaine. I desire to announce that my col
league [Air. Gardner] is necessarily absent from the Senate.
He is paired with the junior Senator from Alassachusetts [Air.
Crane.]
715 3
Air. HEYBURN (after having voted in the affirmative).
Air. President, I voted. I have a pair with the senior Senator
from Alabama [Air. B ankhead ]. Seeing him in the room I
took it for granted that I was at liberty to vote. I would ask
if he did vote.
The PRESIDENT pro tempore. He has voted.
Air. HEYBURN. Then my vote will stand.
Air. OLI\7
ER. I transfer my pair with the Senator from
Oregon [Air. Chamberlain ] to the junior Senator from Illinois
[Air. L orimer] and vote. I vote “ yea.”
Air. OVERAIAN (after having voted in the negative). Alay
I inquire if the senior Senator from California [Air. Perkins ]
has voted?
The PRESIDENT pro tempore. The Chair is informed that
the senior Senator from California has not voted.
Air. OVERAIAN. I have a general pair with the senior
Senator from California, and therefore withdraw my vote.
Air. SIAIAIONS ( after having voted in the negative). I have
a general pair .gdttr tffe junior Sentftwc from Alinnesota [Air.
Clapp], but Be has released me from that pair on all these
votes./--''"'
The roll call resulted—yeas IS, nays 25, as follows:
Y E A S — 18.
Bourne
Bradley
Bristow
Catron
Cummins
Ashurst
Bacon
Bankhead
- Bryan
tCIark, W yo.
Clarke, Ark.
Fletcher
Bailey
Borah
Brandegee
Briggs
Brown
Burnham
Burton
Chamberlain
Chilton
Clapp
Crane
Culberson
^Culberson
Curtis
Dillingham
F a ll
Gronna
Heyburn
Lodge
McCumber
Nelson
Oliver
Sanders
N A Y S — 25.
Gallinger
O’Gorman
Gore
Page
Hitchcock
Paynter
Johnson, Me.
Pomerene
Johnston, Ala.
Reed
Martine, N. J.
Shively
Myers
Simmons
NOT V O T IN G — 5 :
Cullom
Lippitt
Davis
Lorimer
Dixon
McLean
du Pont
Martin, Va.
Foster
Newlands
Gamble
Nixon
Gardner
Overman
Guggenheim
Owen
.Tones
Penrose
Kenyon
Percy
Kern
Perkins
Poindexter
La Follette
Rayner
Lea
Smoot
\
Stephenson!
Wetmore • i
Smith, Ariz.
Smith, Ga.
Tillman
W illiam s
Richardson
Root
Smith, Md.
Smith, Mich.
Smith, S. C.
Stone
Sutherland
Swanson
Thornton
Townsend
Warren
W atson
Works
ddie PRESIDENT pro tempore. On the motion of the Sena
tor from Idaho the yeas are 18 and the nays 25. The Senate
refuses to adjourn. No quorum of the Senate is present.
Air. SMOOT. Air. President-----Air. CULBERSON. The Chair having suggested the absence
of a quorum, there is no alternative but to call the roll.
Air. SAIOOT. I \vus* going" to suggest that the names of the
absentees be called.
Air. CULBERSON. It will be necessary to call the roll first,
I think.
The PRESIDENT pro tempore. On the call of the Senate
no quorum was disclosed. Then a motion was made to ad
journ. That motion has been lost; but under the call of the
Senate there is not a quorum present, and it is proposed to take
proceedings under that call.
Air.- CULBERSON. I think not. There was no question
raised. The Chair suggested the absence of a quorum.
The PRESIDENT pro tempore. That was apparent on the
vote.
Air. CULBERSON. No Senator suggested the absence of a
quorum. The Chair having suggested the absence of a quorum,
I suggest now that the rule requires the roll to be called.
The PRESIDENT pro tempore. The Chair did not suggest
the absence of a quorum. It was disclosed by the call of the
roll for a quorum.
Air. CULBERSON. On the initiative o f the Chair, the Chair
declared that it appeared there was no quorum present.
T h e P R E S ID E N T p ro tem pore.
the call.
I t appeared on the fa c e o f
Air. CULBERSON. It is not the usual custom for the Chair
to suggest the absence of a quorum.
The PRESIDENT pro tempore. The Chair was obliged to
declare it.
Air. CULBERSON. I think not. I respectfully submit that
there is nothing in the rule which requires the Chair to suggest
the absence of a quorum.
The PRESIDENT pro tempore. •The Chair held that the
proceeding is under the previous call. Nothing is in order now
but to call the roll.
CONGRESSIONAL RECORD— SENATE.
7154
M a x 25,
Mr. BURNHAM (when his name was called). I have a
Mr. CULBERSON. On the call of the roll it was disclosed
that there was no quorum present, upon which a motion was general pair with the junior Senator from Maryland [Mr
made to adjourn. On declaring the result upon the motion to S m it h ]. In his absence, I withhold my vote.
Mr. CULBERSON (when his name was called). I have a
adjourn, the Chair suggested—or, to use the language of the
Chair, it .was disclosed in the statement of the Chair—that on general pair with the Senator from Delaware [Mr. du P ont ]
the roll call upon the motion to adjourn there was no quorum I transfer that pair to the Senator from Louisiana [Mr*
T h orn ton ] and vote. I vote “ nay.”
present.
Mr. CULLOM (w hen his name w as c a lle d ). I am paired with
The PRESIDENT pro tempore. It was not disclosed on that
the Senator from West V irginia [M r. C h il t o n ].
vote. It was disclosed on the previous call.
Mr. O'GORMAN (when his. name was called). I do not
Mr. GALLINGER. I ask that the roll be called.
Mr. CULBERSON. I submit to the Chair that, it having see the senior Senator from Connecticut [Mr. B randegee ], with
been suggested by the Chair that there is no quorum present, whom I have a general pair, in the Chamber. In his absence, f
th e, rule requires a call of the roll upon the question as to withhold my vote. If I were at liberty to vote, I should vote
“ nay.”
whether there is a quorum present.
Mr. OLIVER (when his name was called). I have a general
The PRESIDENT pro tempore. There was a call of the Sen
ate, which disclosed the presence of only 43 Senators. There pair with the junior Senator from Oregon [Mr. C h a m b e r l a i n ]
was only one motion in order, unless the Senate decided to pro I transfer that pair to the junior Senator from Illinois [Mr*
ceed to compel the attendance of a quorum. That motion is a L orimer ] and vote. I vote “ yea.”
Mr. OVERMAN (when his name was called). I have a gen.
motion to adjourn. The failure of the motion to adjourn does
not alter the fact disclosed by the roll call. The Senate is still eral pair with the senior Senator from California [Mr. I t r.
k in s ].
If he were present, I should vote “ nay.”
proceeding under the roll call.
Mr. PAYNTER (when his name was called). I have a gen
Mr. CULBERSON. I move, then-----The PRESIDENT pro tempore. The Chair did not state it on eral pair with the Senator from Colorado [Mr. G u g g en h eim ].
the face of the vote upon the motion, but the Chair stated it As he is not present, I withhold my vote.
Mr. SMITH of Georgia (when his name was called). I have
under the original call o f the Senate.
Mr. \3ULBERSON. Let it be at that, then. I move that the a pair with the senior Senator from Nebraska [Mr. B eo w n ],
Sergeant at Arms be directed to request the attendance of the Were he present I should vote “ nay.”
Mr. SWANSON (when his name was called), I have a genabsentees.
Mr. OVERMAN. It seems to me that there ought to be a eral pair with the junior Senator from Nevada [M r. N ix o n ],
roll call, because there are a good many of us here who an If he were present I should vote “ nay.”
In this connection I desire also to state that my colleague
nounced pairs.
The PRESIDENT pro tempore. That is undoubtedly in or [Dir. DIartin of Virginia] is paired with the junior Senator
from Wisconsin [Dir. S t e ph en so n ].
der, if it is demanded.
Mr. OVERMAN. I demand a call of the roll.
Dir. WARREN (when his name was called). I have a gen
The PRESIDENT pro tempore. The Secretary will call the eral pair with the senior Senator from Louisiana [Mr. F oster ].
I do not see him in the Chamber, and therefore withhold niv
roll.
Mr. CULBERSON. I submit that I myself suggested a roll vote.
The roll call was concluded.
call, and the Chair, as I understood it—I may have misunder
Dir. CULLOM. I transfer my pair with the Senator from
stood the Chair—ruled that that could not be done.
The PRESIDENT pro tempore. The Chair did not mean to West Virginia [Dir. C h il t o n ] to the Senator from Washington
hold that it could not be done. What the Chair indicated was [Mr. .Jones ] and vote. I vote “ yea.”
Dir. BURNHADI. I have a general pair, as I have stated;
that it was not necessary, as the Senate was proceeding under
the previous call. If Senators desire to make the point of no but I transfer that pair to the junior Senator from Washington
quorum and have a second roll call, there is nothing to pre [Dir. P oindexter ] and vote. I vote “ yea.”
vent it.
Dir. SDIITH of Georgia. I inquire whether the senior Sen
Mr. GALLINGER. I ask for the regular order, which is the ator from Indiana [Dir. S h iv e l y ] has voted?
call of the roll.
The PRESIDENT pro tempore. The Chair is informed that
The PRESIDENT pro tempore. The roll will be called.
the- senior Senator from Indiana has not voted.
The Secretary called the roll, and the following Senators
Dir. SDIITH o f Georgia. I transfer my pair with the Senator
answered to their names:
from Nebraska [Dir. B r o w n ] to the Senator from Indiana [DIr.
S h iv e l y ] and vote. I vote “ nay.”
Ashurst
Cummins
Lodge
Sanders
Curtis
Biicon
Martine, N. J.
Shively
DIr. WARREN. As already announced, I am paired with the
Borah
Dillingham
Myers
Simmons
senior Senator from LoMifdHTra IMr. R oster ]. I transfer that
Bourne
Pall
Smith, Ariz.
Nelson
pair to the Senator from Iowa [DIr. Kenyon J and vote. I vote
Bradley
Fletcher
Smith, Ga.
O’Gorman
Bristow
Gallinger
Oliver
“ yea.”
Smoot
Bryan
Gore
Overman
Stephenson
The result was announced—yeas 23, nays 23(N follows:
*s
Catron
Gronna
Pago
Swanson
Clark, Wyo.
Clarke, Ark.
Culberson
Cullom
Heyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Taynter
Pomerene
Rayner
Reed
Wetmore
Williams.
Bourne
Bradley
Bristow
Burnham
Catron
Cullom
Y E A S — 23.
Heyburn
Lodge
McCumber
Nelson
Oliver
Page
N AYS— 23.
Kern
Culberson
Fletcher
Martine, N. J.
Myers
Gore
Hitchcock
Pomerene
Johnson, Me.
Rayner
Johnston, Ala
Reed
NOT VO TIN G — 49.
Newlands
du Pont
Nixon
Foster
O’Gorman
Gamble
Overman
Gardner
Owen
Guggenheim
Paynter
Jones
Penrose
Kenyon
Percy
La Follette
Perkins
Lea
Poindexter
Lippitt
Lorimer
Richardson
McLean
Root
Shively
Martin, Va.
Cummins
Curtis
Dillingham
Fall
Gallinger
Gronna
Sandcr'Sk
Smoot
\
Sutherland
Warren
\
Wetmore
The PRESIDENT pro tempore. Forty-six Senators have an
swered to their names, not a quorum.
Mr. CULBERSON. Mr. .President, I move that the Sergeant
at Arms be directed to request the attendance of absent Sen Ashurst
Simmons
Bacon
Smith, Ariz.
ators.
Smith. Ga.
Bankhead
The PRESIDENT pro tempore. The question is on the mo Borah
Tillman
tion of the Senator from Texas that the Sergeant at Arms be Bryan
Williams
Clarke, Ark.
directed to request the attendance of absent Senators.
The motion was agreed to.
Smith, Md.
The PRESIDENT pro tempore. The Sergeant at Arms will Bailey
Smith, Mich.
Brandegee
carry .put the instructions of the Senate.
Briggs
Smith, S. C.
Mr. SUTHERLAND entered the Chamber, and answered to Brown
Stephenson
Stone
Burton
his name.
Swanson
Chamberlain
Dir. GALLINGER. Mr. President, I move that the Senate Chilton
Thornton
adjourn.
Clapp
Townsend
Watson
The PRESIDENT pro tempore. The Senator from New Clark, Wyo.
Works
Hampshire moves that the Senate adjourn. [Putting the ques Crane
Crawford
tion.] By the sound the “ ayes” appear to have it.
Davis
Mr. CULBERSON and Mr. SIMMONS called for a division. Dixon
The question being put, there were on a division—ayes 22,
So the Senate refused to adjourn.
noes IS.
DIr. GALLINGER. DIr. President, I presume the motion o f
The PRESIDENT pro tempore. The motion prevails.
the Senator from Texas [DIr. C ulberson ], which was inter
Mr. CULBERSON. I call for the yeas and nays.
rupted by the motion to adjourn, is now in order?
The yeas and nays were ordered, and the Secretary proceeded
DIr. CULBERSON. Dly motion was for the Sergeant at Arms
to call the roll.
to request the presence of absentees.
1912
CONGRESSIONAL RECORD— SENATE.
7155
The PRESIDENT pro tempore. The Chair’s remembrance is
Mr. OVERMAN. But he ought to have called my name.
that that motion was put and agreed to.
The calling of the names of those who were here and announced
Mr. CULBERSON. Yes; but it was interrupted by the pairs would develop a quorum, I think.
motion to adjourn.
The PRESIDENT pro tempore. The Senator is recorded on
The PRESIDENT pro tempore. But the motion of the Sena the call for a quorum. The absentees being called are not
those on the yea-and-nay list on the motion to adjourn, but
tor from Texas was agreed to and is in force.
Mr. CUMMINS. Did not the last vote disclose the presence those who failed to respond to the call for a quorum.
Mr. GALLINGER. ' Let the call proceed.
of a quorum?
The Secretary continued and concluded the calling of the list
The PRESIDENT pro tempore. It did not.
Mr. CUMMINS. Is it not true that enough Senators have of absentees.
Mr. GALLINGER. Mr.' President, a parliamentary inquiry.
announced pairs, coupled with those who voted, to make a
I notice that the Secretary called the name of my colleague
majority of all the Senators?
The PRESIDENT pro tempore. It has not been the practice [Mr. B u r n h a m ] as an absentee. My colleague voted in the
of the Senate to count as present, in order to make a quorum, affirmative on the motion to adjourn, and if he is not recorded
in that way he ought to be so recorded, and that would have
those Senators who announce pairs and refrain from voting.
Mr. CUMMINS. It seems to me— I do not know much about carried the motion to adjourn.
The PRESIDENT pro tempore. If the Senator will allow the
the rule—that one who is present for the purpose of announc
ing a pair must necessarily be present for the purpose of mak Chair a moment, the absentees are those who appeared as ab
ing a quorum. However, I yield to the better judgment of sent on the call for a quorum, and not those who failed to re
spond to their names on the yea-and-nay vote on the motion
older Senators.
to adjourn, because the vote on the motion to adjourn does not
Mr. CULBERSON. Regular order, Mr. President.
The PRESIDENT pro tempore. The regular order is the require a quorum.
Mr. GALLINGER. I understand that; but, if the Chair will
execution of the order of the Senate.
Mr. WILLIAMS. Mr. President, if it be in order, I will pardon me, it seems to me that the other procedure ought to be
move that the roll be called, as the call of the roll would dis a proper one—to call the absentees who did not vote on the
close the presence of a quorum. Senators present who re motion to adjourn. Some of them would appear and vote, and
frained from voting, but announced pairs, will make up a that would settle the matter of adjournment.
quorum of the Senate.
Mr. OVERMAN. Of course, Mr. * President, that is right.
Mr. CLARKE of Arkansas. I think at least there might be On the yea-and-nay vote the result was announced 23 to 23,
called the list of absentees, as disclosed by the roll call when but it developed on that vote that there were four or five who
were here and who are here now who announced pairs. The
we were seeking to ascertain the presence o f a quorum.
Sergeant at Arms can not bring them in, and it seems to me
Mr. SMOOT. Nothing is in order-----The PRESIDENT pro tempore. The Senator from Arkansas the absentees on that yea-and-nay vote ought to be called.
That vote developed that there was no quorum voting, but if
asks that the roll of absentees be called.
Mr. SMOOT. Is there anything in order other than the the absentees on that vote are called that would show that
motion to adjourn until the order o f the Senate has been there is a quorum. How can we get along unless we do that?
The Sergeant at Arms can not go and bring me in. I am here
executed ?
The PRESIDENT pro tempore. Not until a quorum is de and have been here all the time, but I did not vote because
veloped—
I was paired with the Senator from California [Mr. P e r k in s .].
The PRESIDENT pro tempore. The Senator is recorded as
Mr. SMOOT. Until a quorum is developed.
The PRESIDENT pro tempore. And there are only two present on the roll call.
Mr. OVERMAN. N o ; I was paired.
ways of developing a quorum that the Chair knows of, and
The PRESIDENT pro tempore. The Senator is recorded on
they are to call the roll or to call the roll of absentees.
Mr. OVERMAN. I think a call of the roll of absentees will the call for a quorum.
show that a quorum is present.
Mr. OVERMAN. I announced a pair, and therefore when
Mr. CULBERSON. I suggested awhile ago a call of the the Chair stated the result as 23 to 23 I was not included in
absentees, but the Chair overruled the suggestion, if I mistake that vote, because I was paired, and so were several other
hot. I made the motion-----Senators.
The PRESIDENT pro tempore. On the roll call which dis
The PRESIDENT pro tempore. The Chair is not aware
closed the absence of a quorum the Senator is recorded as
that the Senator suggested a call o f the absentees at all.
Mr. CULBERSON. I made the point of order that, instead being present. The Senator has never been absent according
of calling the absentees, the Sergeant at Arms be instructed to to the roll calk
Mr. OVERMAN. Mr. President, that is so. I was here then
request the presence of the absentees.
and responded to my name, but when the Chair announced
The PRESIDENT pro tempore. That order was entered.
Mr. CULBERSON. I ask for the regular order, then, to exe the vote on the motion to adjourn as 23 to 23 I am not recorded
as voting. That is also true of several other Senators who
cute the order of the Senate.
The PRESIDENT pro tempore. That is the regular order, responded to their names on the first roll call. Now, if the
and that order is supposed to be in execution; but the Chair Sergeant at Arms is executing the order of the Senate he
takes it that it is within the power of the Senate at any time can not do so as to me, and he can not execute it as to half
a dozen others who are here. We know that a quorum is
to call the roll of absentees if it so desires.
Mr. CUMMINS. Mr. President, a parliamentary inquiry. present.
The PRESIDENT pro tempore. The Chair will suggest that
I f a Senator in the room, who did not answer to his name at
the roll call which disclosed the want of a quorum, were to rise the call of the absentees has developed a quorum.
Mr. GALLINGER. Mr. President, business having .inter
in his place and have his name called it would be just as
effective as though the Sergeant at Arms brought him into the vened, I move that the Senate adjourn.
The PRESIDENT pro tempore. The Chair thinks he is '
Chamber, would it not?
The PRESIDENT pro tempore. As the Chair understands, bound to state first that a quorum has been developed by the
call of the absentees. Forty-nine Senators are present. If
that is the purpose of calling the roll of absentees.
there.be no objection, the order directing the Sergeant at Arms
Mr. GALLINGER. Let the roll be called.
to request the attendance of absent Senators will be rescinded,
Mr. OVERMAN. I demand a call of the absentees.
The PRESIDENT pro tempore. That has been asked for The question is on the motion of the Senator from New Hamp
shire that the Senate adjourn. [Putting the question.] By the
and ordered. The Secretary will call the roll of absentees.
The Secretary proceeded to call the names of the absentees,, sound the ayes appear to have it.
Mr. CULBERSON, Mr. SMITH of Georgia, and others called
and Mr. B a n k h e a d , Mr. K ern , and Mr. M cC um beb answered,to
for a division.
their names.
Mr. GALLINGER. L et us have the yeas and nays.
Mr. OVERMAN. I think the Secretary is calling the wrong
The yeas and nays were ordered, and the Secretary proceeded
roll, because I know I announced a pair. I am here present,
and I know of several others who announced pairs who are to call the roll.
Mr. BAILEY (when his name was called). I have a pair
Dot recorded on the last roll call.
The PRESIDENT pro tempore. The Secretary informs the with the senior Senator from Montana [Mr. D ix o n ]. I there
Chair that he did not call the name o f the Senator from North fore withhold my vote.
Mr. CLARK of Wyoming (when his name was called). I have
Carolina. He called the name o f the Senator from Oklahoma
a general pair with the Senator from Missouri [Mr. S to n e ],
[Mr. O w e n ],
J
f*
*
II
3' |
-*
#
4V
*
I transfer that pair to the Senator from Connecticut [Mr.
M cL e a n ] ancl vote. I vote “ yea.”
Mr. CULBERSON (when his name was called). Because of
my general pair with the senior Senator from Delaware [Mr.
Du P ont ] I withhold my vote. If I were at liberty to vote, I
should vote “ nay.”
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from West Virginia [Mr. C h i l
to n ].
I transfer the pair to the Senator from Washington [Mr.
J ones ] and will vote. I vote “ yea.”
%
Mr. DILLINGHAM (when his name was called). In the
absence of the senior Senator from South Carolina [Mr. T ill
m a n ], with whom I have a pair, I withhold my vote.
Mr. O’GORMAN (when his name was called). I am paired
with the Senator from Connecticut [Mr. B randegee ], and will
withhold my vote.
Mr. OLIVER (when his name was called). I transfer my
pair with the junior Senator from Oregon [Mr. C h a m b e r l a i n ]
to the junior Senator from Illinois [Mr. L orimek ] and will
vote. I vote “ yea.”
Mr. OVERMAN (when his name was called). I am paired
with the senior Senator from California [Mr. P e r k in s ] and
therefore withhold my vote.
Mr. PAYNTER (when his name was called). I have a gen
eral pair with the Senator from Colorado [Mr. G u g g en h eim ].
He is not present. Therefore I withhold my vote.
Mr. SMITH of Georgia (when his name was called). I have
a general pair with the senior Senator from Nebraska [Mr.
B r o w n ], I withhold my vote. If I were at liberty to vote, I
should vote “ nay.”
Mr. STEPHENSON (when his name was called). I have a
general pair with the senior Senator from Virginia [Mr.
M a r t in ], and therefore withhold my vote.
Mr. SUTHERLAND (when his name was called). I desire
to inquire whether the senior Senator from Maryland [Mr.
R a y n e r ] has voted?
#
The PRESIDENT pro tempore. He has not voted.
Mr. SUTHERLAND. I have a pair with that Senator, and
therefore withhold my vote.
Mr. SWANSON (when his name was called). I have a gen
eral pair w ith the junior Senator from Nevada [Mr. N ix o n ].
I f he were present, I should vote “ nay.”
Mr. WARREN (when his name was called). With the trans
fer o f pairs by which the Senator from Louisiana [Mr. F oster ]
stands paired with the Senator from Iowa [Mr. K e n y o n ] I
will vote. I vote “ yea.”
The roll call was concluded.
Mr. DILLINGHAM. I transfer my pair with the senior
Senator from South Carolina [Mr. T il l m a n ] to the senior
Senator from New York [Mr. R oot] and will vote. I vote
“ yea.”
Mr. CULBERSON. I transfer my general pair with the Sena
tor from Delaware [Mr. du P ont ] to the Senator from Louisiana
[Mr. T horn ton ] and will vote. I vote “ nay.”
Mr. BURNHAM. I have a pair, as I have stated. I transfer
it to the junior Senator from Washington [Mr. P oindexter ]
and will vote. I vote “ yea.”
Mr. SUTHERLAND. I transfer my pair with the senior Sen
ator from Maryland [Mr. R a y n e r ] to the senior Senator from
Pennsylvania [Mr. P enrose ] and will vote. I vote “ yea.”
Mr. FOSTER entered the Chamber and voted.
Mr. WARREN. Noting that the Senator from Louisiana
[Mr. F oster ], with whom I stand paired, is present, I withdraw
the announcenj.ent I made pillft-ws*- the Senator from Louisiana
with the Senator from Iowa, and as thesdhaipr from Louisiana
has voted, I shall allow my vote to stand.
The result was announced—yeas 24, nays 22, as follows:
Y E A S — 24.
jk .
Bourne
Bradley
Bristow
Burnham
Catron
Clark, Wyo.
Cullom
Cummins
Curtis
Dillingham
Fall
Gallinger
Ashurst
Bacon
Bankhead
Borah
Bryan
Clarke, Ark.
»-
Culberson
Fletcher
Foster
Gore
Hitchcock
Johnson, Me.
Bailey
Brandegee
t
Briggs
Brown .
'•-.Burton
Mat 25
CONGRESSIONAL R ECO RD — HOUSE.
7156
Gronna
Hey burn
Lodge
McCumber
Nelson
Oliver
N AY S— 22.
Johnston, Ala.
Kern
Martino, N. J.
Myers
Pomerene
Reed
NOT VOTING— 49.
Chamberlain
Davis
Dixon
Chilton
Clapp
du Pont
Crane
Gamble
Gardner
Crawford
Page
\
Sanders
Smoot
Sutherland
•Warren
Wetmore
Shively
Simmons
Smith, Ariz.
Williams
Guggenheim
Jones
Kenyon
La Follctte
Lea
Lippitt
Lorimer
McLean
Martin, Va.
Newlands
Nixon
O’Gorman
Overman
Owen
Paynter '
Penrose
Percy
Perkins
Poindexter
Rayner
Richardson
Root
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Swanson
Thornton
Tillman
Townsend
Watson
Works
So the motion was agreed to; and (at 4 o’clock and 37 minutes
p. m.) the Senate adjourned until Monday, May 27, 1912, at 12
o’clock meridian.
,
HOUSE OF REPRESENTATIVES.
Saturday,
May
The House met at 11 o’clock a. m.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Almighty God, in whom all our longings, hopes, and aspira
tions are centered, we approach Thee in the spirit of Him who
taught us to pray—
Our Father who art in heaven, hallowed be Thy name. Thy
kingdom come. Thy will he done in earth, as it is in heaven.
Give us this day our daily bread; and forgive ns our debts, as
we forgive our debtors, and lead us not into temptation but
deliver us from evil. For Thine is tlie kingdom and the power
and the glory forever. Amen.
The Journal of the proceedings of yesterday was read and
approved.
SPEAKER PRO TEMPORE AT SUNDAY SESSION.
The SPEAKER. The Chair assigns the gentleman from
Nebraska, Mr. L obeck , to preside to-morrow at the memorial
exercises for the late Judge L a t t a .
LESLIE J. LYONS.
Mr.
lution
The
The
BORLAND. Mr. Speaker, I call up a privileged reso
(H. Res. 488).
SPEAKER. The Clerk will report the resolution.
Clerk read as follows:
Resolved, That the Attorney General of the United States be, and he
is hereby, directed, if not incompatible with public interest, to trans
mit forthwith to the House of Representatives a copy of the charges
hied against Leslie .T Lyons, United States district attorney for the
.
western district of Missouri, together with the report of Arthur T.
Bagley, special agent detailed by the Department of Justice to investi
gate said charges, and a statement of the action of the Department
of Justice, if any, upon said charges and report.
Mr. BORLAND. Mr. Speaker, this is a resolution of inquiry
directed to the Attorney General, and it is in the same form
as House resolution 439, which was passed by the House on
March 12, 1912. It may appear-----Mr. CANNON. Is the resolution privileged?
■Mr. BORLAND. The resolution is privileged.
Mr. PAYNE. Has it been reported by the committee?
Mr. BORLAND. It has been reported by the committee.
I want to explain that this resolution is in the same form as
the resolution of March 32, 1912. It calls for a report of the
special examiner of the Department of Justice on the official
conduct of the United States district attorney, Mr. Lyons, for
the western district of Missouri.
Some time in December, 1911, some charges were filed against
Mr. Lyons which, among other things, were that he was attor
ney for companies that were supposed to be violating the Fed
eral law in reference to the fraudulent use of the mails. An
investigation was made by the department under the charge
of a man by the name of Bagley. That investigation was com
pleted some time in February. At the time it was filed it was
not made public, and has not been made public since. At that
time there was pending against Mr. Lyons disbarment pro
ceedings in the State courts of Missouri. On March 12 the
House adopted the resolution 439, requesting the Department
of Justice to transmit all papers relating to the charges against
Lyons, and especially the Bagley report. • March 13 the Attoney General replied, declining to submit them, on the ground
that it was incompatible with the public interest so to do.
- He said that there were disbarment proceedings pending in
The State courts of Missouri, and he did not think it advisable
to transmit the papers. On April 5, the disbarment proceedings
liv in g terminated by a failure and dismissal of the case, the
Attorney General sent to the Judiciary Committee the opinion
o f the State court of Missouri, with this statement:
krhis decision deals with substantially all the charges filed against
M>. Lyons with this department, and acquits him of any improper con
duct in connection with any of them.
Thereafter I immediately filed tlie same resolution, in the
same terms, on the ground that the proceedings in the State
court of Missouri did not cover the charges filed with the
1912.
CONGRESSIONAL RECORD— SENATE.
estimating tliat Ibis work would cost $285,943.34, of which the
State of Pennsylvania has agreed to contribute one-half. If
I had time I could explain the matter in detail; but I think
there is a general disposition to assist the veterans of the
Civil War on both sides in celebrating this epochal battle, and
I trust that no objection will be made.
Mr. SHIVELY. What is the exact amount carried by this
bill?
Mr. OLIVER. Not to exceed $150,000. I will state that the
State of Pennsylvania has appointed a commission and has
pledged itself to contribute a sum not to exceed $250,000. Out
of that sum the commission having charge of the affair has
agreed to contribute sufficient to pay half the expense of estab
lishing this camp, all to be done under the supervision of the
War Department; so that the limit to which this measure goes
will be $150,000.
Mr. SHIVELY. Let me understand the Senator. Does the
Senator say that in no event will this cost the Federal Govern
ment a sum to exceed $150,000?
Mr. OLIVER. I state that most emphatically.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third time,
and passed.
The VICE PRESIDENT. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri [Mr.
S ton e ], and therefore withhold m y vote.
Mr. NELSON (when his name was called). I have a general
p a ir with the senior Senator from Georgia [Mr. B a c o n ], and
therefore withhold inv vote.
Mr. O'GORMAN (when his name was called). I am paired,
with the senior Senator from Connecticut [Mr. B kandegee ]. I
do not see him present. I therefore withhold my vote.
M r. PERCY (w h en h is nam e w a s c a lle d ). I am p a ired w ith
the senior Senator from N orth D a k ota
th erefore w ith h old m y vote.
[M r. M c C u m ber ], and
Mr. WATSON (when his name was called). I transfer my
general p a i r to the Senator from Missouri [Mr. R e e d ] aud
will vote. I vote “ yea.”
Mr. HEYBURN (after having voted in the negative). I
should like to inquire if the senior Senator from Alabama [Mr.
B a n k h e a d ] has voted.
The VICE PRESIDENT. He has not.
Mr. HEYBURN. I saw him present. I am paired with him.
I transfer my pair to the junior Senator from Illinois [Mr.
STATISTICS OF CORPORATIONS.
L o rim er ] and will let my vote, stand.
The roll call was concluded.
Mr. HITCHCOCK. Mr. President, I ask unanimous consent
Mr. GARDNER. I have a general pair with the Senator
for the present consideration o f Senate resolution 321, request
ing the President to send to the Senate a compilation 'o f the from Massachusetts [Mr. C r a n e ]. For that reason I withhold
returns of corporations for internal-revenue purposes for the my vote.
Mr. B R A N D E G E E (a ft e r h avin g voted in the n e g a tiv e ). I
year 1911.
h ave a general p a ir w ith the ju n io r S en ator fro m N ew Y ork
Mr. SIMMONS. I object.
[M r. O ’G o r m a n ], and I should like to ask if he has voted.
The VICE PRESIDENT. Objection is made.
The VICE PRESIDENT. The Senator from New York with
Mr. CULLOM. Regular order !
The VICE PRESIDENT. The calendar under Rule VIII is held his vote because o f his pair with the Senator from Con
necticut.
in order. The Secretary will state the first bill on the cal
Mr. BRANDEGEE. I was not on the floor when that hap
endar.
pened. Therefore I withdraw my vote.
MESSAGE FROM THE HOUSE.
Mr. TOWNSEND. The senior Senator from Michigan [Mr.
A message from the House of Representatives, by D. K.
Hempstead, its enrolling clerk, announced that the House had S m i t h ] is detained from the Senate Chamber on important
passed the bill (H. R. 245G5) making appropriations for the public business.
Mr. JONES. My colleague [Mr. P oindexter ] is detained from
naval service for the fiscal year ending June 30, 1913, and for
other purposes, in which it requested the concurrence of the the Senate necessarily. I do not know how he would vote on
this question.
Senate.
Mr. DU PONT (after having voted in the negative). I have
HOUSE B IIX REFERRED.
a general pair with tlie junior Senator from Texas [Mr. C ul
H.
R. 24565. An act making appropriations for the naval serv
berson ], and as he is not in Fhe'Chamher I withdraw my vote.
ice for the fiscal year ending June 30, 1913, and for other pur If he were present and I were free to vote. I would vote “ nay.”
poses, was read twice bj7 its title and referred to the Com
Mr. SMITH of Georgia (after having voted in the affirma
mittee on Naval Affairs.
tive). I withdraw my vote, being paired with the Senator from
TH E METAL SCHEDULE.
Nebraska [Mr. B r o w n ] .
%
The result was announced—yeas 33, nays 35, as follows :
Mr. SIMMONS. Mi*. President, is the morning business over?
The VICE PRESIDENT. Morning business is closed.
YEAS—33.
Mr. SIMMONS. Then I ask unanimous consent that the Sen Ashurst
Gronna
Newlands
Smith, S. C.
Hitchcock
Overman
Swanson
Bacon
ate proceed to the consideration of the metal-schedule bill.
Paynter
Johnson, Me.
Thornton
Bryan
The VICE PRESIDENT. The Senator from North Carolina Chamberlain
Johnston, Ala.
Pomerene
Tillman #
asks unanimous consent that the Senate proceed to the coh- Chilton
Rayner
W atson
Kern
Shively
W illiam s
Lea
Clarke, Ark.
sideration of the unfinished business. Is there objection? ,'
Simmons
Martin, Va.
Fletcher
There being no objection, the Senate, as in Committee of the Foster
Smith, Ariz.
Martine, N. J.
Whole, resumed the consideration of the hill (H. R. 1S642) to Gore
Smith, Md.
Myers
amend an act entitled “ An act to provide revenues, equalize
N A Y S — 35.
duties, and encourage the industries of the United States,, find
Smoot
Nelson
Curtis
Borah
for otlijBS purposes,” approved August 5, 1909.
Stephenson
Nixon
Dillingham
Bourne
Sutherland
Oliver
. Tfie VICE PRESIDENT. The pending amendment is tliXt Bradley
Fall
Townsend
Page
Gallinger
offered b y the Senator from Georgia [Mr. S m i t h ], w h ich ;th<\ Bristow
Warren
Penrose
Guggenheim
Burnham
Secretary will state.
Perkins
Wetmore
Jones
s Burton
Richardson
Works
The S ecretary . It is proposed to amend by changing ithe Matron
Lippitt
Root
Lodge
number of paragraph 73 to 74, by changing the number of para Cullom
Sanders
Ojummins
McLean
graph 72 to 73, by changing the number of paragraph 71 td 72,
NOT VO TIN G — 27.
and by increasing the free list by inserting the following as
Gardner
Percy
Crane
Bailey
paragraph 71:
Trace chains, plows, axes, spades, shovels, hoes, cane knives, briar
hooks, rakes, scythes, sickles, pruning knives, tooth and disk harrows,
headers, harvesters, reapers, agricultural drills, and planters, mowers,
horserakes, cultivators, thrashing machines and cotton gins, farm
wagons and farm carts, whether in whole or in parts, including repair
p.'; ;
.
______%
Bankhead
Brandegee
Briggs
Brown
Clapp
Clark, W yo.
Crawford
Culberson
Davis
Dixon
du Pont
Gamble
Kenyon
La Follette
Lorimer
McCumber
O ’Gorman
Owen
Poindexter
Reed
Smith, Ga.
Smith, Mich.
Stone
The VICE PRESIDENT. The question Is on hgreeing to the ,
amendment. [Putting the question.] By the sound, the noes
appear to have it.
Mr. SIMMONS. I ask for a division.
The VICE PRESIDENT. A division is requested.
Mr. SMITH of Georgia. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. SMOOT. I should like to have the amendment again
The VICE PRESIDENT. The question is on agreeing to the
stated.
The VICE PRESIDENT. The amendment has just been amendment proposed by the Senator from Ohio.
Mr. POMERENE. Mr. President, the rate fixed in the Dingstated; but, without objection, the Secretary will again state it.
ley law on machine tools was 45 -per cent ad valorem. In the
The Secretary again stated, the amendment.
736(>
CONGRESSIONAL RECORD— SENATE.
hearing on the Payne-Aldrich bill the manufacturers asked to
have this duty reduced to 30 per cent ad valorem. Under the
hill as it comes from the House machine tools, with sewing
machines, cash registers, and similar manufactures, wex*e placed
on the free list.
It seems to me, in view of the character of the manufacture
of machine tools, they ought not to be placed on the free list,
particularly at this time. The duty on the raw material, par
ticularly steel, which enters into their manufacture, is levied
at 15 per cent ad valorem, and the effect of the proposed amend
ment is to take machine tools out of the free list and transfer
them to the dutiable list under a duty of 20 per cent ad
valorem. In other words, a reduction of 33J per cent from
the present duty; and I call the attention of the Senator from
North Carolina to this amendment.
The PRESIDING OFFICER (Mr. G a l l i n g e r in the chair).
Does the Senator from Ohio yield to the Senator from North
Carolina?
Mr. POMERENE. Certainly.
Mr. SIMMONS. We will accept the amendment.
Mr. SMOOT. Mr. President, I can not altogether under
stand the present situation. This item of machine tools was
discussed in the committee. Every member of the minority of
that committee voted against any change in the House bill. We
had testimony, pages and pages of it, and now a Democratic
Senator offers an amendment placing machine tools on the
dutiable list, and the minority members of the committee accept
the amendment.
Of course, I understand why this is done. That is, I think
I do. A delegation from Ohio came to Washington—and, by
the way, most of the machine-tool manufacturers are in Ohio—
and we find the Democratic Senator from Ohio offering an
amendment to place machine tools upon the dutiable list and
to take them from the free list as provided for in the Demo
cratic House bill. The Democratic members of the Finance
Committee had ample opportunity to make that change before
the bill was reported to the Senate, and did not. Are we to
understand that this amendment, offered as it is at this time,
is the sentiment of the Democrats of the Senate?
I merely wanted to call attention to the fact that it looks to
me like trying to play politics with this item, and I hardly
think it is the proper thing to do.
Mr. WILLIAMS. Mr. President, I do not know of anybody
who could with worse grace make an objection to playing
politics on a tariff schedule than the Senator from Utah. But
we are not playing- politics at all. The minority representa
tives on the Finance Committee were not convinced by the
hearings that were had that these articles ought to be placed
upon the dutiable list, and did, as the Senator say's, make a
report in favor of the bill with them upon the free list. Very
largely the failure to convince the minority members was
because of the character of the testimony, so called. Speaking
for myself I attached very little importance to it. I generally
attach very little importance to the utterances of interested
witnesses who are volunteer witnesses. But since that time
we have come to the conclusion that that was too drastic a cut
upon that particular article in the schedule.
Mr. SMOOT. Has there been any additional testimony?
The PRESIDING OFFICER. Senators should get permis
sion of the Chair before interrupting each other.
Mr. SMOOT. Has there been any additional testimony re
ceived by the Democratic members of the committee?
Mr. WILLIAMS. So far as I am concerned, upon reading
and an examination of the testimony—not additional testimony
in the sense of additional witnesses, or so-called witnesses—I
have come to that conclusion just as I have come to a con
clusion on the duties on several other articles.
Mr. RAYNER. May I ask the Senator a question? As I
understand the two bills, it is on the free list in the House bill,
and the Senate Finance Committee has put it on the dutiable
list?
Mr. WILLIAMS. The Senate Finance Committee bill will
put them on the dutiable list.
Mr. RAYNER. If this amendment is adopted?
Air. WILLIAMS. Yes; if it is amended. The present duty
is 30 or 35 per cent.
Air. SAIOOT. Thirty per cent.
Air. WILLIAAIS. This amendment will make it 30 per cent,
which is a reduction of 33J per cent on machine tools.
There was before the committee some testimony that put us,
I may say, upon a line of inquiry with regard to another mat
ter right in connection with this schedule. That was with re
gard to what might possibly be the construction and meaning of
the words “ machine tools.” It seemed evident that the Ways
and Means Committee of the House had one idea in their minds,
M a y 29,
and various people connected with the trade either had or pre
tended to have a different idea of what the phrase “ machine
tools ” meant. If the phrase “ machine tools ” was extended to
mean all the things that these people in the trade say that the
trade means by the phrase, then I do not think it was the in
tent of the author of the bill as it ca4
me from the House to
put all these things upon the free list at one fell swoop.
Air. SAIOOT. I want to say that this same program pro
posed will be carried out still further as we progress in the
consideration of the Democratic bills. I think it will be
found that as soon as we reach the chemical bill we will have
indigo, that the House bill provided a duty on, carried over to
the free list. Of course I know why it is done, Air. President,
and so I suppose every other Alember knows. It is only the
carrying out of the policy that I desire to call attention to
lflMr. WILLIAAIS. Air. President, the Senator from Utah
has shown no great degree of detective ability in his ascer
tainment of the fact that certain things that were put upon
the dutiable list in the chemical schedule by the House will
be placed in the bill which will be offered here by the minority
members of the Finance Committee upon the free list, among
other things, indigo, Chinese nut oil, and some things that go
into the making o f varnish. We thought we had good reasons
for doing that, and it was announced to the entire Finance
Committee, as the Chair will remember [Air. G a l l i n g e r in
the chair] that we would do it.
So the bill which we will introduce upon the chemical
schedule already contains those amendments to which the Sen
ator refers, the bill as amended being offered as a substitute
for the House bill. We did that for the same reason we did
this, because after full reflection and thought, as far as we
were capable of it, we thought it was the right course to take
for men viewing the question from our standpoint.
Air. SAIOOT. Of course I know that the Senators on the
other side found a good excuse for putting indigo on the free
list. It was because it is used for the dyeing of cotton goods
that are made in the South. I know the protest which came
from the manufacturers of the South has been heeded, and I
will guarantee that that will be the action taken by the Dem
ocratic Alembers when we reach the chemical bill.
Air. WILLIAAIS. Air. President, one word more. It is
astonishing, it is more than astonishing, it is astounding that
any Senator of the United States should have the audacity to
suggest that tariff legislation of this country either was or
could be sectional in the interests of the South. If there is
any objection to the whole tariff system at all it is that it has
been uniformly the history of sectionalism against the South,
and the Senator from Utah knows it as well as I do.
Now, then, we are going to vote to keep indigo upon the free
list. It is true that indigo enters as a coloring matter into
the production of cheap cotton goods, and it is true that a good
number of cheap cotton goods are made in the South, but it is
not true that the South alone makes that grade of goods—.
overalls and things of that sort—dyed with indigo.
Air. SAIOOT. I did not say that.
Air. WILLIAMS. Ah, but the Senator threw out the state
ment that it was done because it would help the South. Your
side has not been tender toward this, and God knows none of
you have been tender toward us. From the beginning of the
history of tariff legislation down to now you have robbed the
agricultural masses of the South in order to enrich the manu
facturing capital of the Northeast.
Air. POAIERENE. Air. President, I offered this amendment
in good faith. The Senator from Utah has seen fit to charge me
wiih playing politics, and perhaps, if he is judging of me by his
own conduct, he is justified in forming that judgment of me in
this matter.
It is true that quite a number of these machine-tool people
came to me and placed their case before me. I suggested their
appearing before the Finance Committee, and they did so appear.
As a matter of fact, the duty under the Dingley law was 45
per cent ad valorem.
The machine-tool people appeared
before the Finance Committee, as I have been advised, at the
time of the consideration of the Payne-Aldrich bill and volun
tarily asked for a reduction of the duty from 45 per cent ad
valorem to 30 per cent ad valorem, and some of the so-called
stand-pat element in that committee, as I am told, criticized
them severly because they presumed to come before that commit
tee and ask for a reduction of the duty on that or any other article.
They were regarded as curiosities, and I think to some extent
they are curiosities when they appear before a committee and
ask for a reduction of duties. As a rule the committee has been
accustomed to have men come and ask for an increase of
duties.
#
M
a t
CONGRESSIONAL RECORD— SENATE.
29, 1912.
7361
— —-------------------------------------------------------------------------------------— -----------------
•#
V
He also presented a memorial of the General ^federation of
Women’s Clubs, remonstrating against the enacffiient of legis
W ed n e sd ay , May 29, 1912.
lation to limit the term of office of civil-senVge employees to
five years, which was ordered to lie on the tffble.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
Mr. WORKS presented a
The Secretary proceeded to read the Journal of yesterday’s Pasadena, Cal., remonstrating memorial of ^Sundry citizens of
against th&»j(mactment of legisla
proceedings, when, on request of Mr. N e l s o n and by unanimous tion to encourage rifle practice and projsote a patriotic spirit
consent, the further reading was dispensed with and the Journal
among the citizens and youth of tliejfeountry, which was re
was approved.
ferred to the Committee on Military Affairs.
SPECIAL AGENTS AND SECRET SERVICE ( S . DOC. NO. 7 2 S ) .
Mr. .SMITH of Maryland presented a memorial of members
The VICE PRESIDENT. The Chair lays before the Senate of the Stationers’ Association of Baltimore, Md., remonstrating
a communication from the Secretary of the Interior, transmit against the enactment of legislation to prevent manufacturers
ting, in response to a resolution of the 29th ultimo, certain of patented articles from fixing* the retail selling price, which
information relative to the money for special agents and secret- was referred to the Comm it l epton Manufactures.
service men, the number of agents employed, and methods of
He also presented memoiy^Ts of sundry citizens of Salisbury,
investigation pursued by them with reference to homestead Gapland, Brownsville, Hadgrstown, and Rolirersville, all in the
entries. The communication, with the accompanying papers, State of Maryland, remepltrating against the establishment of
will be referred to the Committee on Public Lands and printed. a department of publiqjffealtli, which were ordered to lie on the
Mr. PIEYBURN. I suggest that it lie on the table. I think table.
Mr. PENROSE pre^nted a petition of sundry citizens of Johns
m y colleague [Mr. B o r a h ] introduced the resolution and wishes
town, Pa., prayinjf^for the establishment of a department of
to discuss the subject.
The VICE PRESIDENT. Without objection, the communi public health, wh^feli was ordered to lie on the tabid.
Mr. W ARREN presented sundry papers to accompany the bill
cation and accompanying papers will be ordered printed and
(S. G9G1) grafting a pension to Annie Walker Burch, which
lie on the table, subject to future disposal.
were referrect to the Committee on Pensions.
FINDINGS OF TH E COURT OF C LAIM S.
Mr. WEJpSIORE presented a petition of 39 citizens of Paw
The VICE PRESIDENT laid before the Senate communica tucket, Rj-L, praying for the enactment of legislation to provide
tions from the assistant clerk of the Court of Claims, trans medical mid sanitary relief to the natives of Alaska, which was
mitting certified copies of the findings of fact and conclusions referre^-to the Committee on Territories.
of law filed by the court in the follow causes:
Mr. (ROOT presented petitions of the congregations of the
Spencer Gordon, administrator cum testamento annexo of the BaptiSt and Methodist Churches of Waverly, N. Y., praying for
estate of Charles Harris Lester, deceased, v . United States (S. thepfnactment of an interstate liquor law to prevent the nulliDoc: No. 729) ; and
fiqgfion of State liquor laws by outside dealers, which were
Ida C. Hughes and Ellen C. McNally, daughters and sole heirs referred to the Committee on the Judiciary.
at law of Christopher H. McNally, deceased, v. United States W Mr. POMERENE. I present telegrams from a number of
(S. Doc. No. 727).
['commercial organizations throughout the country relative to the
The foregoing findings were, with the accompanying papi
bill (S. 6810) relating to bills of lading. I do not ask that the
referred to the Committee on Claims and ordered to be prinl
telegrams be read, but that they lie on the table and be printed
in the R e c o r d .
MESSAGE FROM TH E HOUSE.
There being no objection, the telegrams were ordered to lie
A message from the House of Representatives, by A. C. on the table and to be printed in the R e c o r d , as follow s:
Johnson, its assistant enrolling clerk, announced t'lH the
ffc
C i n c i n n a t i , O h i o , M ay 28, 1912.
Speaker of the House had signed the following enrolled bills, H on . A t l e e P o m e r e n e ,
Washington, D. C .:
and they were thereupon signed by the Vice President:
This association strongly indorses and urges passage of Pomerene
II. It. 1GGG1. An act to relinquish, release, remisaipind quit
claim all right, title, and interest of the United: States of substitute Senate bill 6810 relating to bills of lading.
G. M. F re e r ,
America in and to all the lands held under clay©' or color of
Commissioner the Receivers’ and Shippers’ Association.
title by individuals or private ownership or municipal owner
ship, situated in the State of Alabama, whicM were reserved,
C o l u m b u s , O h i o , M ay 28, 1912.
retained, or set apart to or for the Creek Tj-lbe or Nation of H on . A t l e e P o m e r e n e ,
Indians, under or by virtue of the treaty entered into between
Washington, D. G .:
the United States of America and the Creek ^ ribe or Nation of
This association earnestly desires that Pomerene substitute bill 6810,
Indians on March 24, 1832, and under or by.Hdrtue of the treaty containing amendments agreed to by bankers and shippers May 22, be
enacted. " W e believe its provisions just and equitable to all concerned.
between the United States of America auji the Creek Tribe or W e hope you can give it your active support.
Nation of Indians of 9tli day of August.#? 814;
O h i o G r a in D e a l e r s ' A s s o c ia t io n ,
H. R. 23634. An act to authorize the#?illage of Oslo, in the
J. W . M c C ord , Secretary.
county of Marshall, in the State of Jpnnesota, to construct a
C o l u m b u s O h i o , M ay 28, 1912.
bridge across the Red River of the JSorth; and
II. J. Res. 319. Joint resolution mdffing appropriations to sup H on . A t l e e P o m e r e n e ,
Washington, D. C .:
ply deficiencies in the appropriations for contingent expenses
This association earnestly desires
substitute bill
of the Senate and House of Representatives for the fiscal year containing amendments agreed to bythat Pomerene shippers May 26810,
bankers and
- , be
1912, and for other purposes, #
enacted. We believe its provisions just and equitable to all concerned.
SENATE.
FETITIONS
AI
MEMORIALS.
The VICE PRESIDENT gjfesented petitions of the congre
gations of the PresbyteriamJShurch of Roseland, Chicago; the
Bethany Reformed Churchp of Roseland, Chicago; and o f the
Bethesda Evangelical Fre# Church, of Chicago, all in the State
of Illinois, praying for M e adoption of an amendment to the
Constitution to prohibitAhe manufacture, sale, and importation
of intoxicating liquors^ which were referred to the Committee
on the Judiciary.
S
Mr. SMITH of SqAth Carolina presented petitions of sundry
citizens of Greelyv^e, Rock Hill, and Chester, all in the State
of South Carolina^ praying for the establishment of a depart
ment of public hjulth, which w ere ordered to lie on the table.
T
Mr. GALLINGER presented a petition of Rumford Grange,
No. 109, Pa trains of Husbandry, of East Concord, N. LI., and
the petition yf Sam B. Tarrante, of Manchester, N. II., praying
for the establishment of a parcel-post system, which were re
ferred to $ e Committee on Post Offices and Post Roads.
He alsjr presented petitions of the Petworth Citizens’ Asso
ciation, Jbt the District of Columbia, and of sundry citizens of
the District of Columbia, praying for the enactment of legis]atioi#to maintain the present water rates in the District, which
were referred to the Committee on the District of Columbia.
X LV III-
4G3
W e hope you can give your active support.
O h io S h i p p e r s ' A s s o c ia t io n .
J. W . M c C ord , Secretary.
B a l t im o r e , M d ., M a y 28, 1912.
H on . A t l e e P o m e r e n e ,
„
_
Senate Office Building, Washington, D. G .:
On behalf of the Council of Grain Exchanges of North America I
strongly urge passage of Pomerene substitute bill 6810 regarding bills
of lading. “This measure meets some of the reasonable demands of the
business interests and does not impose conditions that should not
apply to common carriers.
C h a r l e s E n g la n d .
B a l t im o r e , M d ., M a y 28, 1912.
H on . A t l e e P o m e r e n e ,
Washington, D. C .:
The Baltimore Chamber of Commerce indorses Pomerene substitute
Senate bill 6810, believing the better safeguarding of bills of lading to
be an imperative necessity which should be recognized by the railroads.
F. A. M e y er , President.
P h il a d e l p h i a , P a ., M ay 28, 1912.
H on . A t l e e P o m e r e n e ,
Washington, D. C .:
Philadelphia Chamber of Commerce strongly indorses Senate bill
6810, relating to bills of lading, and urges upon Congress its early
adoption.
N. B. K e l l y ,
Secretary Philadelphia Chamber of Commerce.
CONGRESSIONAL RECORD— SENATE.
7362
Ma t 29
The VICE PRESIDENT. The bill will be read for the in.
formation of the Senate.
The Secretary read the b ill; and there being no objection, the
The transportation bureau of the Commercial Club of Kansas City Senate, as in Committee of the Whole, proceeded to its com
indorses Senate bill 6810 and strongly urges its enactment into law.
sideration.
G. H. W ilson.
The bill was reported to tho Senate without amendment
Chicago, III., M a y 29, 1912.
ordered to a third reading, read the third time, and passed, r ’
Hon. A tlee P ojierene,
Hon. A tlee P omebene,
Kansas City , Mo.,
M a y 29, 1912.
W a sh in gton , D . C .:
W a sh in g to n , D . C .:
I strongly indorse Pomerene substitute Senate 6S10 and hope it
will b enacted into law at an early date.
et
BILLS AN D T O IN T RESOLUTION INTRODUCED.
Bills and a joint resolution were introduced, read the firgjW. F. P riebe,
time, and, by unanimous consent, the second time, and referred
\
Chairm an T ransporta tion C om m ittee,
as follow s:
N ational P o u ltr y , B u tte r , ancl E g g A ssocia tion.
By Mr. F A L L :
Boston, Mass ., M a y 28, 1912.
A bill (S. 6980) to amend section 11 of an act entitled “An
Hon. A tlee P ojierene,
act to enable the people of New Mexico to form a constitution
S en ate Office Building, W a sh in gton , D. C .:
action on bill 6810 very desirable, as it will give all con- and State government,” approved June 20, 1910, which was
/
needed protection and guidance on this matter, the present read twice by its title.
jrh
ich is very unsatisfactory.
The VICE PRESIDENT. The bill will be referred to the
D. O. I ves,
Committee on Territories.
M an ager Transporta tion D ep a rtm en t
Mr. FALL. Section 11 of the act refers to the selection and
B o s to n Cham ber o f Com m erce.
location of public lands, and therefore the bill should go to that
Evansville, I nd., M a y 28, 1912.
committee.
Hon. Atlee Pojierene,
The VICE PRESIDENT. The reference will be To the Com
U nited S ta tes Sen ate, W a sh in g ton , D. C .:
The Evansville Manufacturers’ Association heartily indorses Pom mittee on Public Lands.
erene substitute Senate bill 6810, relating to bills of lading, fully
By Mr. F A L L :
realizing that ifs terms are fair and satisfactory to shippers and re
A bill (S. 6981) referring to the Court of Claims the claim
ceivers of freight, and is also impartial.
of the heirs and legal representatives of John F. Maxwell and
J. C. K eller,
M an ager Traffic D ep a rtm en t.
Hugh H. Maxwell, deceased; and
A bill (S. 6982) fo r the relief of E. H. Biembaum; to the
K ansas City , Mo., M a y 28, 1912.
Committee on Claims.
Hon. Atlee P omerene,
U nited States', Sen ator, S en ate B uilding, W a sh in g ton , D. C .:
By Mr. KE R N :
Realizing the importance of proper legislation covering bills of lad
A bill (S. 6983) to establish a subport of entry and delivery
ing, we hereby heajrtily indorse Pomerene substitute Senate hill 6810, at Indiana Harbor, in the State of Indiana; to the Committee
and we hope to see Its speedy passage by both Houses of Congress.
on Commerce.
Geo. H. Davis ,
P resid en t K an sa s C ity B oard o f Trade.
A bill (S. 69S4) granting an increase of pension to Noah W.
Carr (with accompanying papers) ; to the Committee on Pen
%
—Sioux City , Iowa, M a y 28, 1912.
sions.
Hon. Atlee P omerene,
By Mr. NELSON:
W ashin gvon , D . C .:
A bill (S. 6985) granting an increase of pension to Jerome S.
The commercial, jobbing, and manufacturing interests of Sioux City
heartily indorse your bill regarding bills of lading, known as Pomerene Pinney; to the Committee on Pensions.
substitute Senate bill 6810. This legislation is badly needed, and the
By Mr. W ORKS:
terms of your substitute bill will go a long way toward preventing
A bill (S. 6986) for the relief of the estate of Henry Ware,
confusion and litigation and will make for uniformity of laws on this
subject,
^
deceased; to the Committee on Claims.
Sioux City Commercial Club.
A. bill (S. 6987) granting an increase of pension to James
A
W. E. Holmes, S ecreta ry.
Garnett (with accompanying papers) ; to the Committee on
REPORTS OF CO M M ITTEES.
Pensions.
Mr. POMERENE, frorg tlie Committee on Pensions, to which
By Mr. PERKIN S:
were referred the following bills, reported them each with
A bill (S. 6988) for the relief of persons suffering damages
amendments and submitted reports thereon:
by the construction of the canal diverting the waters of the
H. R. 23557. An act g ra tin g pensions and increase of pen Mormon Slough into the Calaveras River (with accompanying
sions to certain soldiers and sailors of the Civil War and cer papers) ; to the Committee on Claims.
tain widows and dependent, children of soldiers and sailors of
By Mr. STEPHENSON:
said war (Rept. No. 816) ; and
A bill (S. 6989) granting a pension to James, alias John H.
H. R. 23063. An act granting pensions and increase of pen Fithian (with accompanying papers) ; and
sions to certain soldiers and sailors of the Civil War and cer
A bill (S. 6990) granting an increase of pension to George W.
tain widows and dependent children of soldiers and sailors of Graves (with accompanying papers) ; to the Committee on
said war (Rept. No. 817).
%
Pensions.
Mr. CLAPP. I am directed by the Committee on Indian
By Mr. BORAH:
Affairs, to which was referredKtlie bill (H. R. 20728) making
A bill (S. 6991) to accept a deed of gift or conveyance from
appropriations for the current and contingent expenses of the the Lincoln Farm Association, a corporation, to the United
Bureau of Indian Affairs, for fulfilling treaty stipulations with States of America, of land in the town of Hodgenville, county
various Indian tribes, and for other purposes, for the fiscal of Larue, State of Kentucky, embracing the homestead of
year ending June 30, 1913, to re]fc>rt it with amendments, and Abraham Lincoln and the log cabin in which he was born, to
I submit a report (No. SIS) therein.
gether with the memorial hall inclosing the same; and, further
Mr. CURTIS. Mr. President, I l|ope the acting chairman of to accept an assignment or transfer of an endowment fund
the- committee will give notice wh(% he expects to call up the of $50,000 in relation thereto; to the Committee on the Libra rv
bill he has just reported. I desire Jo say to Senators that it
By Mr. SHIVELY:
increases appropriations over and above estimates to the extent
A bill (S. 6992) granting a pension to Naomi Fiedler (with
of some $3,000,000; that it increases ^appropriations over those accompanying papers) ; to the Committee on Pensions.
contained in the bill as it passed the House by some $4,000,000,
By Mr. PENROSE:
and that it carries general legislation, private claims, and other
A bill (S. 6993) granting an increase of pension to Annie
kinds of legislation. I desire the opportunity to be here when Mellinger (with accompanying papers) ; to the Committee on
this bill is taken up and to make points'of order against those Pensions.
items.
\
A bill (S. 6994) to grant an honorable discharge to George
The VICE PRESIDENT. The bill \Vfil be placed on the W ebb; to the Committee on Naval Affairs.
calendar.
By Mr. CRANE:
CLINTON & O K L A H O M A W ESTERN R A IL W A Y .
A bill (S. 6995) for the relief of Sardine G. Williams and
Mr. SMOOT. From the Committee on Public Lands I report others "(With accompanying papers); to the Committee on
___ -------- "
iairos.
back favorably the bill (H. R. 23837) to authorize the Clinton
Mr. GORE. At the request of my colleague [Mr. Owen], i
& Oklahoma Western Railway Co. to construct and operate a
railway through certain public lands, and for other purposes, introduce a bill and ask that it be referred to the Committee
and I submit a report (No. 815) thereon. The Senator fron, on Military Affairs.
Oklahoma [Mr. G o r e ] informs me that it is very necessary
The bill (S. 6996) to correct the military record of Joseph
that the bill shall become a law, and if there is no objection to Hawkins was read twice by its title, and (with accompanying
it, I should like to ask for its immediate consideration.
paper) referred to the Committee on Military Affairs.
CONGRESSIONAL RECORD— SENATE.
1912.
ad Co.
A 'b ill (S. G997) to incoTpoHF
(with
k^SK-r
Ah llu^roq pest o f toy coiieague
•"introduce a joint resolution and ask that'Tt be referred to the
Committee on Post Offices and Post Roads.
The joint resolution (S. J. Res. 113) calling upon the Post
master General for report upon the practicability and cost of
establishing a telegraph and telephone system as part o f the
postal service, was read twice by its title and referred to the
Committee on Post Offices and Post Roads.
A M E N D M E N T S TO APPROPRJAXION
BITES.
Mr. WARREN ftobtofitcd ail amendment proposing to appro
priate $10,000 to enable the Secretary of War to prepare an
estimate of the cost per mile and the aggregate cost of widen
ing and surfacing the main traveled roads and bridges of the
Yellowstone National Park, etc., intended to be proposed by
kim to the sundry civil appropriation bill, whieh was referred
to the Committee on Appropriations and ordered to be printed.
Mr. PENROSE submitted an amendment proposing to increase
the number of nautical experts in the Ilydographic Office, at
$1,800 per annum, from one to two, etc., intended to be pro
posed by him to the legislative, etc., appropriation bill (H. R.
24023), \vliich was referred to the Committee on Appropriations
and ordered to be printed.
H U D SO N RIVER IM PR O V E M E N TS.
Mi\ BURTON submitted the following resolution (S. Res. 323),
which was %ead, considered by unanimous consent, and agreed
to :
R e s o l v e d , That the Secretary of War be requested to transit to the
Senate all correspondence and documents, or copies of documents on file
in his office or “o his possession, relating to the attitude and action of
t
the State of N
few York regarding the conditions imposed upon the
appropriation of $1,‘500,000 for the improvement of the Hudson River,
made by the act
June 25, 1910, together with any other information
that it may be appropriate to transmit therewith.
f
M IS S O U R I
R%ER
BRIDGE
N EAR
CO U N C IL
B L U g fl3 ,
IO W A .
Mr. CUMMINS.! I ask unanimous consent for the present con
sideration of the bljl (II. It. 21290) to amend aft act to authorize
a bridge at or ueaftCouncil Bluffs, Iowa, approved February 1,
190S, as amended. % only do so because it is’ o f very great im
portance that the bi% be passed.
The Secretary rea'% the b ill; and there being no objection,
the Senate, as in Conmiittee of the “
Whole,-proceeded to its con
sideration. It propose&to amend the act to authorize the Cen
tral Railroad & Bridge^ Co. to construct a bridge across the
Missouri River at or kear Council. Bluffs, Iowa, approved
February 1, 1908, and anraided February 27, 1909, and June 25,
1910, so as to give to the central Bridge Co., of Council Bluffs,
Iowa, all the authority an A ligh ts granted under the act, if the
actual construction of the bridge authorized by the act is com
menced within one year and Completed within three years from
the date of the passage of tm$ act.
The bill was reported to th%Shnate without amendment, or
dered to a third reading, read 'Q third time, and passed.
ae
GENERAL A R BITR ATIO N TR EA TIES.
Mr. OVERMAN. I send the fo% w in g letter to the desk and
ask that it be read by the SJpreta
The VICE PRESIDENT.# Without objection, the Secretary
will read the communication presented by the Senator from
North Carolina.
The communication wa# read and r< irred to the Committee
on Foreign Relations, asjfollow s:
371 C
M
R cw
cral P a r k W e s t ,
drlc C ity , M a y 13, 1012.
Hon. Lee S.
O v e r m a n , if'
U n ite d S t a te s S en a te.
\
My Dear Senator Overman : I noted in MarcV the press reports of
the terms upon which /the Senate consented to tag ratification of the
proposed arbitration treaties between the United States, France, and
Great Britain. I hav# secured a certified copy of tfigse documents, and
find that the Senate’s" resolution of approval express% declares, among
other things, that 1h#se treaties do not authorize the arbitration of any
question “ concerning the alleged indebtedness or money obligation of
any State of the United States.” As the Senate thougI%it worth while
to include these words in its resolution of approval. ai%as you repre
sent the State of North Carolina in the Senate, I deem% my duty to
inform you that in 1906 a committee of eminent citizens dSK
this country
tendered to the Government of Colombia a large donation uf repudiated
North Cardinar-bonds, together with an expression of the^ommittee s
regret at the c&urse pursued toward Colombia by the Lnit<st States as
regards Panaufa. At that time I was acting as counsel to «ae Colom
bian Legation at Washington, and was consulted by the ^©lombian
minister in regard to this proposal. I advised against acceptance of
this offer, atvd in due course the committee of American citizens was
informed that the Government of Colombia was unwilling to dgjceive
the bonds/
,
, ,
V
A
The circumstances under which this proposal was made to an<^ re
jected by Colombia are worthy of comment. Before I became counsel to
the Colombian Legation a proposal to arbitrate the 1 anama matter W .s
R
7363
made by _Colombia and refused by the United States. The proposal
charged violation of the law of nations by collusion between high officials
oi the United States and citizens of Colombia, prior to the declaration
I anama s independence, and violation of the treaty of 1846 by acts
V™, United States after the declaration of Panama’s independence
. ---- r.'T ~r. o
T ;, ^
V
^
mm P A V
V IA .J
LCCS
it
Lilt! L.1111C O
U
to foreign dictation. When I was consulted by the Colombian minister,
soon after receipt of this unfavorable note from our State Department,
that; the objection to arbitration made in the note under consideration
could be obviate^ by proposing to arbitrate the alleged violation of inter
national law and of the treaty of 1846 by admitted acts of the United
States, leaving dpt entirely all reference to the alleged secret and un
lawful ^intercourse between high officials of the United States and citi
zens or Colombia -prior to Panama’s declaration of independence. I
pointed out that this would reduce to a minimum the difficulties of se
curing an arbitration during that administration, whose high officials
committed, or were believed to have committed, the acts complained of,
and that in case the administration then in control of the United States
should decline this o£er a subsequent administration could be expected
to arbitrate tlie entire question at an opportune time
The Colombian minuter accepted this advice and filed such a pro
posal with the State Department, disclaiming any desire to interfere
with the governmental pplicy of the United States further than to se
cure an impartial judgiagpt as to whether tlie United States had vio
lated principles of international law to which it had assented, or the
terms of a treaty which iikhad solemnly concluded with Colombia.
In this_ proposal the lossjof Panama was accepted as irreparable and
the question resolved itself into one of financial recompense to Colombia
in case a violation of legal daities on the part of the United States was
found by the arbitrators. Perhaps I should add that an arbitral court
of The Hague Tribunal was Proposed, or a court constituted in some
other way as the United Stated might prefer.
The Colombian minister wasjwaiting in vain for a reply to this pro
posal when the tender of repudiated North Carolina bonds was made
to and rejected by Colombia. Shortly after that the minister, who had
consulted m resigned his post, rand I thereupon ceased to have any
e,
professional relation with Colombia or to its legation at Washington.
But, as an American citizen and an advocate of justice, I have con
tinued to follow with interest all the published incidents in the progress
of this case, and have never for onq moment lost faith in the ultimate
consent of this country to let justice be done to Colombia as regards
Panama.
Recent events convince me that thgjtime for this is near at hand, and
I take this opportunity to refer to solpe of these; for example, the re
cent action of President Taft in propping, and of the Senate in agree
ing to, the arbitration of all justiciable questions that may hereafter
arise between the United States and Great Britain or France. I ob
served with great satisfaction the almost ainanimous acceptance of that
proposal by the Senate, also the declaration in the majority report of
the Senate Committee on Foreign Affairs^Jhat a similar treaty would
be in order with all friendly nations. As*G see it, the point of differ
ence between the Senate and the President'An regard to one paragraph
of these treaties was of small importance^though the public discus
sion of the treaties made the difference appear large, and resulted in
the misrepresentation of the Senate’s position^. The fact that the Sen
ate wished to mark out by its own deliberate decision, as particular
cases arise, the rather indefinite boundary linetspf the arbitration area,
as determined by these treaties, was taken aSY sufficient reason for
-a
calling the Senators obstructionists. The wisdoip and integrity of tlie
Senate, as proven by its actions during more thaji a century, were ap
parently lost sight of for tlie time being.
a.
Having solemnly agreed to arbitrate questions . capable of solution
by the application of principles of international'4%w, the Senate can
be implicitly relied upon, in my humble judgment, to keep that promise
as certainly as it can to uphold the Constitution and the laws of the
United States duly enacted. To distrust the SenatAin this respect is
to distrust the operation of the principle of democratic government,
for the Senators are those citizens of the various States who arc placed
bv the operation of this principle in a position of joint responsibility
with the President in the conduct of the foreign affairsptof our country.
The framers of our Constitution placed so much reance upon the
Senate that one-third plus one was given the power % prevent an
>
action in our foreign affairs proposed by the President iftpd approved
by the other two-thirds of the Senators less one. The vita^t rights of
Americans are dependent upon the wisdom and the intc^ity of the
Senate in upholding the Constitution and the enacted K
jjgs of the
United States. Why can not the Senate be equally trustc%to fulfill
a bounden duty as respects international arbitration, seH-impjsggd by its
own "deliberate act, and becoming by such act a part of the
of our
lcin V
cl
As the Senate passes over to courts of arbitration under tli%tcrms
of "the Taft treaties the various justiciable questions that are oirtsjanding or that may hereafter arise, this action will gradually d fifig the
e s.
arbitration boundary line as described in these treaties, so that'..'Ques
tions of various kinds w thereafter go to the court of arbitration
il-1
almost as a matter of course. Until that line is clearly defined it wAfild
be difficult to find safer men for its demarcation than the President
and the constitutional two-thirds of the Senators present at any Ses
sion duly called.
. ,,
..
, , „
The Panama case is justiciable, because it can be fully settled lift
the application of well-recognized principles of international lav/ te*;
which the United States has assented (for violation of which it has >
held Great Britain accountable) and by the judicial construction of a
treaty solemnly concluded by tlie United States and Colombia, bv tlie
terms of which the United States assumed certain obligations for a
calculable consideration, paid by Colombia and received by the United
States and now being enjoyed by it and by its citizens.
The Panama Canal will soon be completed. The charge that the
United States violated the law of nations and tlie treaty of 1846 in its
acquisition of the right to construct the canal ought to be settled be
fore the canal is finished. The charge that there was collusion between
disloyal citizens of Colombia and high officials of the United States
Government resulting in the declaration of Panama’s independence and
in Colombia’s loss of a member of her body constitutes a stain unon
the honor of the United States so long as the United States refuses to
permit a judicial investigation of that, charge. For the protection of
our own honor, therefore, as well as for the proper administration of
justice, the completion of the canal should be accompanied by the judi-
I
7364
T
CONGRESSIONAL RECORD— SENATE
cial determination of all questions growing out of the manner of our
acquisition of the right to build it. Even if the United States lias
done no wrong in the Panama matter, a judicial decision of the claim
to the contrary is essential in order to uphold the reputation of our
country for justice and equity.
In addition to the foregoing considerations there are several ethers
which call for the judicial settlement of this case at an Aarly date. I
will mention briefly only three more.
The third Hague conference is expected to assemble during 1915.
The United States should enter that conference with the prestige of
having secured a judicial determination of all the outstanding con
troversies to which it is a party and which are justiciable, as that word
is defined in the Taft treaties. Decisions can not be expected prior to
the assembling, of the Hague conference, unless the preliminary steps
for the arbitration of the cases are taken at an early date.
The Panama case is between one of the heaviest-armed nations of
the world and on$ of the lightly armed republics of South America, a
republic which was supposed to' have not only a general guaranty for
its protection through the maintenance of the Monroe doctrine by the
United States, but a specific guaranty of continued sovereignty over
Panama through faithful observance by this country of the.promise
contained in the trea& of 1S4G. Claiming that this treaty Warranted
the use of our armed farces to prevent Colombia from maintaining her
own sovereignty over th\ Isthmus, when one of the express objects of
the treaty was to perpetuate Colombia’s possession of Panama by the
armed power of the UnitefUUtates, and then refusing to let the question
thus raised be judicially d^ermined, does not satisfy the demands of
justice or comport with the former high character and present reputa
tion of the United States. Aft, I see it, the claim that this country is
entitled to leadership in the
vement for peace and justice is to be
determined by the willingness of this country to submit its conduct
to arbitration not merely in cases that may hereafter arise, but in
cases that have already arisen, w fcn these cases can be settled by the
&
application of principles of international law or the terms of treaties
to which this country is a party.
The newly appointed Colombian minister will com to Washington
e
as the result of a highly honorable act «hi the part of Colombia toward
the United States. I refer to the proffered welcome of Secretary Knox
on Colombian soil, notwithstanding contfcaupd refusal of this country
to arbitrate the Panama case during the past nine years, necessitating,
as it did, the recall of a valued Colombian official who had “ done the
Stale some service.”
Knowing your devotion to justice and right, I feel that, you will take
any steps that may be proper to secure the earliest possible settlement
of this and all other justiciable questions in exact accordance with the
law of nations and with the treaties to which our country is a party.
Thanking you for your courtesies to m I remain,
e,
Very sincerely, yours,
May 29
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third time,'
and passed.
M EM O RIAL A M P H IT H E A T E R A T ARLIN GTON CEM ETERY.
Mr. SUTHERLAND. I ask unanimous consent for the pres
ent consideration of a bill (S. 4780) for tlie erection of a memo
rial amphitheater at Arlington Cemetery. I call the attention
of the Senator from Nebraska [Mr. H i t c h c o c k ] to the request,
because I think he has heretofore objected.
The VICE PRESIDENT. Is there objection to tlie present
consideration of the bill?
Mr. SIMMONS. I object.
The VICE PRESIDENT. Objection is made/
BATTLE OF GETTYSBURG.
/
Mr. OLIVER. Mr. President, having given notice to the
Senate yesterday that I would do so, I Jfow ask unanimous
consent for the present consideration of/Senate bill 6964.
The VICE PRESIDENT. The S e c r ^ r y will state the bill
by title.
/
Tlie S e c r e t a r y . A bill (S. 6964) Authorizing and directing
the Secretary of War to make eerttfin provisions for the care
of the participants in the celebration of the fiftieth anniversary
of the Battle of Gettysburg, aV^ Gettysburg, Pa., on the 1st,
2d, 3d, and 4th days of July, .fD13, and making appropriation
of a sum sufficient to carry o@t the provisions of this bill.
The VICE P R E SID E N T ./The Secretary will read the bill
for the information of tli^r Senate.
The Secretary read tlurbill, as follows:
B e i t e n a c t e d , e t c ., That the Secretary of War be, and be is hereby
authorized and directedy First. To make all necessary and proper de
tail of officers of the Tainted States Army to make such surveys, meas
urements. and estimates as may be necessary in providing a sufficient
supply of good water,-lor public use upon the 1st, 2d, 3d, aud 4th days
of July, 1913, upon tfee battle field of Gettysburg, in the Commonwealth
of Pennsylvania, ipton the commemoration of the fiftieth anniversary
of the Battle of Gettysburg, and to make all necessary _
_
, I provisions _nd
perform all necessary acts in connection with bringing upon said battle
field upon said occasion such sufficient supply of good water fit for
B ayn e D a v is .
drinking and C er purposes connected with and incidental to such
ith
REFUND OF PE N A LT IE S ON ALCOHOL.
occasion.
Second. To provide for all necessary sewerage, sanitation, and hos
Mr. RAYNER. I ask unanimous consent for the present con
pital service necessary for the health and accommodation of persons
sideration of the bill (H. R. 16690) for the relief of scientific attending upon such occasion.
institutions or colleges of learning having violated section 3297
Third. To provide and furnish all necessary camp and garrison equip
the Civil War, together with all
and 3297a of the Revised Statutes and the regulations there ment for visiting veterans of veterans during said celebration. necessary
rations and supplies for such
under.
SE . 2. That the steps hereinbefore authorized to be taken by the
C
The VICE PRESIDENT. The Senator from Maryland asks War Department shall he fully completed before the 1st day of July,
unanimous consent for the present consideration of the bill 1913, and that all camp equipment, supplies, and rations shall be fully
5th
ready for occupancy and use.
named by him. Is there objection?
S ec. 3. That the Fiftieth Anniversary of the Battle of Gettysburg
Mr. RAYNER. I want to say a word about the bill. It wag" Commission of the Commonwealth of Pennsylvania shall have charge
unanimously reported by the Committee on Ways and Means or'Jlic order of exercises during the celebration ; that the physical concamp
and the movements of troops
of the House; it unanimously passed the House; it was Re troPof the thereinand grounds the hands of the Secretary of and march
ing bodies
shall he in
War, under
ported favorably unanimously by the Committee on Finance of such officers as he may detail for that purpose.
Sec. Iv.That there is hereby appropriated from the Treasury of the
the Senate; and has been approved by different departments of
United 'States, out of any funds not otherwise appropriated, one-lmlf
the Government. It is to refund certain penalties tliftt have such sum fts may be necessary to carry out the foregoing provisions of
of
accrued against the hospitals of the country for not properly de this act, nofjto exceed the sum of $150,000 : P r o v i d e d , That out of the
naturing alcohol. The alcohol was never used as a beverage, sum of $250/100 heretofore pledged by the Commonwealth of Pennsyl
vania
the general assembly of that Commonwealth, adopted
and the bill is an eminently just measure. I do not. think there on theby act dajkpf June, 1911. the commission appointed by the gov
14th
is any objection to it at all.
J
ernor of Pennsylvania, in accordance with said act and having charge
The VICE PRESIDENT. The bill will be regtl by the Sec of such celebration'Lshall set aside and appropriate a sum equal to the
amount above appropriated, to wit, the sum of $150,000 ; so m
uch of
retary for the information of the Senate.
which as may he necessary shall he expended for the purposes provided
The Secretary read the b ill; and there begtig no objection, in tills act, under the sole direction of the Secretary of War : A n d p r o
h e r That until-,The said commission shall adopt a resolution
the Senate, as in Committee of the W hole/ proceeded to its v i d e d f u r tthat, the Commonwealth of Pennsylvania shall bear one-half
agreeing
consideration. It authorizes the Commissioner of Internal of the expenses incurred in parrying out the provisions of this act, and
Revenue, with the approval of the Secretary of the Treasury, shall furnish to the Secretary/of War a certified copy of such resolution
on appeal to him made to abate, remit/and refund all taxes no part of the sum hereinbefore,, appropriated shall be expended.
The VICE PRESIDENT. Is there objection to the request
or assessments for taxes the liability/ for which is asserted
against any scientific institution o r c o lle g e of learning on of the Senator from Pennsylvania?
Mr. SIMMONS. Mr. President, I dislike to object to (he
account of any alcohol withdrawn from bond free of tax in
accordance with the provisions of sections 3297 and 3297a, Re consideration of this bill, and Diyill not do so if it will not
vised Statutes, and not used as authorized by the above-men provoke any debate. If it does----Mr. OLIVER. I hope the Senator will not object. I do not
tioned law and regulations thereunder; but no assessment made
of tax imposed shall be abated or refunded as to any alcohol so think there will be any extended debatA.upon the bill.
Mr. SIMMONS. If there is any extended debate, I hope
withdrawn and used for beverage purposes; and all applications
_______
for relief under this act shall be filed in the office of the Com that the bill will be laid aside.
Mr. OLIVER. I will say that if there is a disposition shown
missioner of Internal Revenue within one year from the date
of the approval of this act, and no liability incurred on or after to extend the debate, I will not insist upon-the consideration
of the bill to-day; but there is very great necessity for action
March 1, 1912, shall be Relieved against hereunder.
Tlie bill was reported to the Senate without amendment, or upon this subject at this session of Congress, if it is to be
acted upon at all, and I trust that Senators will allow the bill
dered to a third reading, read the third time, and passed.
to pass.
M IS S IS S IP P I RIVER BRIDGE NEAR ST. LO U IS , MO.
The VICE PRESIDENT. Is there objection?
Mr. NELSON. I ask unanimous consent for the present con
There being no objection, the Senate, as in Committefe;,of the
sideration of the bill ( S. 6925) to authorise the Chicago, Whole, proceeded to consider the bill.
Burlington & Quincy Raiiroad Co. to construct a bridge across
Mr. SHIVELY. Mr. President, is the bill accompanied by a
the Mississippi River near the city of St. Louis, in the State of written report?
tl
Missouri.
Mr. OLIVER. The bill is accompanied by a very extensive
There being no objection, the Senate, as in Committee of the report, I will say to the Senator. The matter was referred to\
Whole, proceeded to consider the bill.
the War Department, which presented a very elaborate report
B
fis
1912.
CONG SESSIONAL RECORD— SENATE.
single Senator and saying that that Senator, for some reason
or other, represented the principles of the Democratic Party.
Why‘does not the Senator pick out a majority of the Democratic
Senators on this side? There is not a Senator on this side
who ever voted against a revenue duty and for a duty for pro
tection. I challenge contradiction.
* Mr. LODGE. Mr. President-----Mr. RAYNER. I yield.
Mr. LODGE. I thought I had the floor; but I yield.
The PRESIDING OFFICER. The Senator from Massachu
setts has the floor.
Mr. RAYNER. I thought the Senator had finished.
Mr. LODGE. I had not.
Mr. RAYNER. I yield.
Mr. LODGE. I do not want the Senator to yield. I will
take the floor in my own right.
The PRESIDING OFFICER. The Senator from Massachu
setts is entitled to the floor. Does the Senator from Massa
chusetts yield to the Senator from Maryland?
Mr. LODGE. I yield to the Senator from Maryland.
Mr. RAYNER. I shall be done in a moment. I do not speak
continuously for three or four days. I generally finish in about
three or four minutes. I have very little to say here, except
this: I do not like the idea of being singled out; I do not like
the idea of being made an exception to the Democratic side.
The Senator talks about free sugar. I recollect the day
when the whole Democratic side of the House of Representa
tives stood up, man after man, unanimously voting in favor of
free sugar. We are not responsible for things that took place
in the Senate afterwards. It is not fair to select a single Sen
ator upon this side any more than it would be fair to select
some single Senator on the other side as representing the prin
ciples of the party. The overwhelming majority of the Sen
ators on this side have always voted for a tariff for revenue
as against a tariff for protection. There may be isolated in
stances to the contrary; and I think in the case of lumber
good reasons were given. The tariff on lumber was a revenue
tariff. So far as the tariff on tea was concerned, the Senator
from South Carolina [Mr. T i l l m a n ] had no idea that his
amendment would succeed.
Now, let us get to the point and stop talking about the
Payne-Aldrich bill and matters that have no reference to this
subject. Let us talk about the amendment before the Senate.
I certainly do not desire to comment upon the Senator from
Ohio; that is the last thing in the world that I would d o ; but
the Senator from Ohio comes here—let us be perfectly frank
about it—and asks for protection upon an Ohio industry, and
lie asks the Democratic side to aid him in protecting an Ohio
industry. I am opposed to that.
Mr. LODGE. Mr. President, the Senator from Maryland
accused me of picking him out alone as unassailable, whereas
I said everybody was. He asked me to name others besides the
Senator from Ohio on the Democratic side who in the past had
manifested an interest in the industries o f their own States. I
named 8 or 10, and I can name a good many more. The Sen
ator says they were individual Senators. Of course they were;
that is why I named so many articles, because each article
meant one or two more Senators. I wanted to cover as many
as I could. I have found no fault with them for doing so, and
I do not see why they should not have done so.
The Senator says there were good reasons for the revenue
fluty on lumber. There are always good reasons for a protective
fluty for the locality that needs it. There is nothing so flexible
as a revenue duty. You can fix the rate at a protective point
01’ you can fix it lower, just as you please; there is nothing
stable about the revenue point. I do not blame Senators for
doing it, and I am criticizing nobody for doing it; but, on the
contrary, I simply was pointing out that it had been done
many times and it will be done a great many more times before
We get through talking about the tariff.
Mr. RAYNER. Mr. President, I certainly do not object to
the Senator’ s stand. I admire the stand the Republican Party
has taken for protection, and I have nothing to say about that.
Any man who is for protection as a principle certainly de
serves the respect of the other side, to say the least.
So far as lumber is concerned, of course I voted for free lum
ber, but there were other Senators who voted differently. What
I contend for is this: I contend for the proposition that we
have not any right to protect the industries of our own States.
1 am for a tariff for revenue; I am for putting everything on
the free list that can be put upon the free list consistent with
the raising of revenue. If a tariff for revenue gives incidental
Protection I can not help it. but I am for a tariff for revenue.
1 am not for a tariff for protection with incidental revenue, and
1 believe that the vast majority of Senators on this side agree
"dth me in the views I have expressed.
7360
Mr. BACON obtained the floor.
Mr. RAYNER. I want to say this before the Senator from
Georgia commences. The Senator from Georgia, after an ex
haustive examination, compiled a table of yea-and-nay votes
taken during the tariff session of 1909. It was one of the most
instructive tables used during the last campaign, showing ex
actly how each Senator voted on all amendments proposed to
the tariff bill. I think that table absolutely sustains the views
I am expressing, that nearly every Senator on this side all the
time, through all the schedules, in all the votes, voted for a
tariff for revenue and not for a tariff for protection.
Mr. POMERENE. Mr. President-----The PRESIDING OFFICER. The Senator from Georgia
was recognized. Does he yield to the Senator from Ohio?
Mr. BACON. In a moment. What the Senator from Mary
land has said about the votes cast by the Democrats during the
consideration of the Payne-Aldrich bill is true, as shown by
the R e c o r d ; but that is not what I rose to say. I rose to say
simply this: That I was trying to get the Senator from Utah
and others who think with him to state plainly whether they
favor the present metal schedule as found in the law. I have
not been able to get them to say whether they do or not.
Mr. LODGE. Mr. President, if the Senator will permit
me-----Mr. BACON. I beg the Senator’s pardon. I will yield to the
Senator in a moment; I want to finish my statement. This is
as far as the Senator from Massachusetts would go, that he
preferred the metal schedule of the Payne-Aldrich law to any
thing else that was offered. That is what the Senator said.
That is also true, I presume, of the woolen bill— that he prefers
the woolen schedule as it is now found in the law rather than
anjdhing which has been offered. But the point that I was
trying to get the Senator’s attention to was that, while in the
case of the woolen schedule they do recognize that there should
be a reduction by giving notice that they themselves intend to
offer a bill which will reduce the duties to a certain extent,
they have failed to make any such offer in the case of the metal
schedule, from which I drew the conclusion that they favor
the metal schedule as it stands. That is all I want them to say.
They shelter themselves behind the excuse that, in the first
place, it is better than anything which has been offered, which
is not an answer, because the same thing is true, in their opin
ion, as to the woolen b ill; and, second, that they have not had
information from a Tariff Board, when Congress has been leg
islating for over a hundred years on the tariff without the as
sistance of a Tariff Board, and when the Congress, then strongly
Republican in both branches, three years ago did not express
any hesitation as to whether or not their conclusions were then
correct as to what should be the real duties in the metal sched
ule ; but all at once there has developed a great amount of un
certainty, to put it as mildly as possible. They do not know
now what it ought to be, forsooth; they must wait until they
can have the report of a Tariff Board before they can express
an opinion whether the present law is as it should be or is not
as it should be.
I want to say another word, Mr. President, and that is this:
This is the first Congress for a long time in which the Demo
crats have had responsibility, in part, as to the framing of a
tariff law. The Democratic House has sent us a bill and, what
ever may be said about the past, Senators on the other side of
the Chamber will have the opportunity, if they wish to do so,
to vote for a revenue tariff bill, and they will find that Senators
on this side of the Chamber will sustain the Democratic House
in an effort to reduce the tariff; and they will not be distin
guished by any such want of fidelity to principle as the Senator
from Massachusetts and the Senator from Utah would suggest.
Mr. RAYNER. Mr. President, I make the point of no
quorum.
The PRESIDING OFFICER. The Senator from Maryland
raises the point of no quorum. The Secretary will call the roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Bryan
Burton
Catron
Chamberlain
Chilton
Clapp
Clarke, Ark.
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Fletcher
Foster
Gallinger
Gardner
Gronna
Heyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kern
Lodge
McCumber
McLean
Martin. Va.
Martine, N. J
Myers
Newlands
Nixon
Oliver
Overman
Page
Paynter
Penrose
Perkins
Pomerene
Rayner
Richardson
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Townsend
Watson
W illia m s
Works
The PRESIDING OFFICER. Sixty-one Senators have an
swered to their names. A quorum of the Senate is present.
■
CONGRESSIONAL RECORD— SENATE.
7370
The question is upon the amendment of the Senator from
Massachusetts to the amendment offered by the Senator from
Ohio.
Mr. RAYNER. On that I ask for the yeas and nays.
Mr. POMERENE. Mr. President-----The PRESIDING OFFICER. The Senator from Maryland
demands the yeas and nays. Is there a second?
The yeas and nays were ordered.
Mr. BACON. I raise the point of order that when a Senator
addresses the Chair, even if the yeas and nays have been de
manded, the question ought not to be put as to the yeas and
nays until after the Senator has finished. How does anyone
know whether or not it will be two hours before the yeas and
■'m
Jy# are called, and ttm-^itemplation of the law is that the
maH^&nd nays wjJJ^b^TjnTed for by those who are present at
the/im e
:u'e going to/participate?
Jlie JBRESIDYNCA OFFICER. The p^bsent occupant of the
fes^ioj/agreei
Senator Arona- Qprureia. £?Tho SenEqgm/ou
Mr. President, I do not intend by the
amendment which luvve offered or, by the remarks which have
^Senators to beJflnc&l in a false attitude.
been made by
I did not offer this, Amendment as a ^rotoctionist. I do not offer
_
protection for any
it as a protectii
single industrf
un& simply that justice be
done under all the circumstances/of me case.
Neither the Senator from Mf^sachnsetts [Mr. L o d g e ] nor the
Senator from Utah [Mr. S m o o t ] , iw anyone else, I think, who
f
has studied this question, will sajvthat a duty of 20 per cent
would be a protective duty. It is a revenue duty, and nothing
more and nothing less than that. In fact, some of the testimony
before the committee shows that in order to make it a protective
duty they desire an increase to 45 per cent, and I have letters
to that effect from some of the men interested in that business.
Under the Dingley bill it was on a protective basis of 45 per,
cent. Under the Payne-Aldrich bill it was reduced to SO per
cent. Under the Underwood bill it is proposed to put it upbn
the free list. I think by reducing it from 30 per cent, as it jftow
is, to a duty of 20 per cent ad valorem, we will leave it'bn a
revenue basis. It certainly is not on a revenue basis w hci it is
placed on the free list.
Am I extreme in this? Is my position wrong or different
from that of my party? Let us see what the platform says on
the subject:
Mr. JOHNSON of Maine (when his name was called), j
have a pair with the senior Senator from New York [Mr
R o o t ] , and therefore withhold m y vote.
Mr. PAYNTER (when his name was called). I have a geru
eral pair with the Senator from Colorado [Mr. Guggenheim]'
In his absence I withhold my vote.
Mr. SMITH of Georgia (when his name was called). I nrQ
paired with the senior Senator from Nebraska [Mr. B rown]
I transfer the pair to the junior Senator from Oklahoma [Mr*
G o r e ] , who is now absent and will be for some time.
I will
continue the transfer during his absence. I shall vote during
the day without any further explanation. I vote “ nay.”
b
The roll call was concluded.
Mr. SIMMONS. I desire to announce that the senior Sen.
ator from Louisiana [Mr. F o s t e r ] is paired with the Senator
from Wyoming [Mr. W a r r e n ] .
Mr. WATSON. I announce the transfer of my general pair
to the Senator from Missouri [Mr. R e e d ] ,
The roll call was concluded.
Mr. DU PONT. I have a general pair with the senior Sen
ator from Texas [Mr. C u l b e r s o n ] . A s he is not present in the
Chamber, I transfer my pair to the junior Senator from Illinois
[Mr. L o r i m e r ] and will vote. I vote “ yea.”
Mr. BRISTOW. I desire to state that the junior Senator
f r o m South Dakota [Mr. C r a w f o r d ] is necessarily absent from
the Chamber. If he were here, he would vote “ nay.”
Mr. BURNHAM. I have a general pair with the junior Sen
ator from Maryland [Mr. S m i t h ] . I transfer it to the senior
Senator f r o m Pennsylvania [Mr. P e n r o s e ] and will vote, j
vote “ yea.”
Mr. JONES. My colleague [Mr. P o i n d e x t e r ] is necessarily
detained from the Chamber. I think if he were present he
would vote “ nay.”
[The result was announced-—yeas 27, nays 37, as follows
Bradley
Brandegee
Burnham
Burton
Catron
Cullom
Curtis
Askurst
Bacon
Bankhead
We favor immediate revision of the tariff by the reduction qf import Borah
duties.
Bourne
Bristow
This is a reduction of 33£ per cent.
Articles entering into competition with trust-controlled products Bryan
Chamberlain
should be placed upon the free list.
Chilton
It is not contended here that the machine tools are trust Clarke, Ark.
made, by any means.
Material reductions should be made in the tariff upon the necessaries
of life, especially upon articles competing with such American manu
factures as are sold abroad m
ore cheaply than at hom
e.
May 29
Bailey
Briggs
Brown
Clapp
Clark, Wyo.
Crane
Craw
fox-d
Culberson
YEAS—27.
McLean
Nixon
Oliver
Page
Perkins
Richardson
Sanders
NAYS—37.
Cummins
Myers
Fletcher
Nelson
Newlands
Gronna
Hitchcock
O’Gorman
Johnston, Ala.
Overman
•T n
o es
Pomerene
Kern
IJayner
Lea
Shively
Martin, Va.
Simmons
Martine, N. J.
Smith, Ariz.
NOT VOTING—31
Davis
Kenyon
Dixon
La Follette
Foster
Lorimer
Gamble
McCumber
Gardner
Owen
Gore
Paynter
Guggenheim
Penrose
Johnson, M
e.
Percy
Dillingham
du Pont
Fall
Gallinger
Heyburn
I.ippitt
Lodge
Smith, Mich.
Smoot
Stephenson
Sutherland
Wetmore
Works
Smith, Ga.
Smith, S. C.
Swanson
Tillman
Townsend
Watson
Williams
Poindexter
Reed
Root
Smith, Md.
Stone
Thornton
Warren
And that is true with regard to most of the articles placed
on the free list, or the greater proportion of them, under the
amendment proposed by the Senator from Georgia. I do not
have the memorandum at hand now. They have been sold at
times, at least, at a lower price abroad than at home.
So Mr. L odge’ s amendment to Mr. P omeren » ’s amendment
was rejected.
Then the Democratic platform further reads:
The VICE PRESIDENT. The question is on agreeing to the
And gradual reductions should be made in such other schedules as
may be necessary to restore the tariff to a revenue basis.
amendment offered by the Senator from Ohio [Mr. Pomerene].
That is what I propose in this amendment. Here are these
Mr. BURTON. I suggest an amendment to the amendment of
articles, which are manufactured not by the trust, but by my coUeagBA to strike out the Vvdrd " twenty• and insert the
”
people of modest means. We are reducing their tariff, and I word “ twenty-five.”
hope to have it, as it will be some day, on a free-trade basis ^
The VICE PRESIDENT. The Senator from Ohio offers air
but under our platform and in harmony with my views un tlfife amendment to the amendment, which will be stated.
subject I do not think it is proper that these articles should Joe
The S e c r e t a r y . Before the words “ per cent,” strike out
taken entirely from a protection basis and placed on a fdee- “ twenty ” and insert “ twenty-five.”
trade basis at once, but let us do so gradually, and it is to that
The VICE PRESIDENT. The question is on agreeing to the
end that I offer the amendment.
amendment to the amendment.
The PRESIDING OFFICER. The Secretary will call the
Mr. BURTON. I ask for the yeas and nays.
roll on the question of agreeing to the amendment to the amench
The yeas and nays were ordered.
ment.
.A ir. SMITH of South Carolina. Mr. President, I rise to ask a
Mr. BACON. I rise to a parliamentary inquiry. As I un question fpi/Jn&rma.tipih I ,should like to ask some Senator
derstand it, the vote is now on the amendment offered by the oh the other side,'as well hS bn this' as to the line of demarca
Senator from Massachusetts.
tion between a protective duty and a revenue duty. If I under
The PRESIDING OFFICER. The Senator is correct.
stood the Senator from Ohio correctly, he said that under the
Mr. BACON. I did not know that all Senators knew that Dingley bill this identical article bore a 45 per cent duty, it
fact.
whs then reduced in the Payne-Aldrich law to a 30 per cent
Mr. LODGE. To make it 30 per cent instead of 20 per cent. duty. The Senator from Ohio proposes to reduce it to a 20
The PRESIDING OFFICER. That is the fact.
per cent duty, and the gentlemen on the other side have taken
The Secretary proceeded to call the roll.
occasion to criticize the Senator from Ohio with the statement
Mr. GARDNER (when his name was called). I have a gen that 20 per cent would be still protective. Now, by a logical
eral pair w i t h the Senator from Massachusetts [Mr. C r a n e ] . deduction, if 45 per cent was protective and 30 per cent was
If I were at liberty to vote upon this proposition, I should protective and 20 per cent is protective, then a duty of 25 p e r
vote “ nay.”
cent must of necessity be protective. I do not see exactly
L M.
S
f<
r
1912.
CONGRESSIONAL RECORD— SENATE.
wherein iies the argument in twitting the Senator from Ohio
with a protective duty, when he proposes to reduce it to 20
per cent and it is still protective, and when the claim has been
made by Members on the other side that they simply want a
l'ate of duty that will measure the difference between the cost
of production at home and abroad, with a reasonable profit to
the manufacturer.
I am not standing here to say that I am advocating the
amendment offered by the Senator from Ohio. I am gouig to
vote for that article to go on the free list for the reason that,
as a Democrat, believing in protection for revenue, I believe
that llie principle of a protective duty being necessary for the
support of the Government has been so abused by the other
side that we can not even vote for a revenue duty without
being twitted with having a special interest in view.
As one of the Senators from South Carolina, I want to say
that I have been consistent wherever it was possible for me
to be so, and that I have voted, as near as possible, for all
articles to go on the free list, not because it was strictly in
accord with the doctrines of my party, but because the mere
tact of a revenue duty had been so abused by protectionists
that I could not vote even for this revenue duty without laying
myself open to the charge that I was attempting to hide behind
a revenue duty rather than to come out in the open and say
that I wanted protection. It is better for the people of this
country to suffer for the lack of sufficient revenue than to be
Pat in the attitude of being open to a charge that a Senator
ls rising a subterfuge to hide behind a special interest in his
own part of the country.
Mr. HITCHCOCK. Mr. President, it seems to me that the
amendment offered by the Senator from Ohio [Mr. P om erene ]
can be defended on purely Democratic doctrine and as being in
line with the bill itself. The average tariff on the metal
schedule as existing at present is 35 per cent. The bill sent to
as by the House of Representatives represents an average of
22 per cent. The Senator from Ohio proposes a duty of 20
Per cent on an article that is rather highly finished. It seems
to me that for that reason his amendment can be defended as
Democratic and as being in harmony with the other provisions
of the bill.
The VICE PRESIDENT. The Secretary will call the roll
on agreeing to the amendment of the Senator from Ohio [Mr.
B urton 1 to the amendment of the Senator from Ohio [Mr.
P omerene].
The Secretary proceeded to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
ogain announce my pair with the senior Senator from Missouri
[Mr. S tone ], and withhold my vote. As I understand that
Senator from Missouri is absent for the day I desire this state
ment to stand for the day.
Mr. DU PONT (when his name was called). I have a gen
eral pair with the senior Senator from Texas [Mr. Culberson].
I transfer that pair to the junior Senator from Illinois [Mr.
L orimer ], and vote. I vote “ 3
rea.”
Mr. GARDNER (when his name was called). I again an
nounce my pair with the junior Senator from Massachusetts
[Mr. Crane ], and withhold my vote. If I were at liberty to
v°te, I should vote “ nay.”
Mr. McCUMBEIl (when his name was called). I have a
Pair with the senior Senator from Mississippi [Mr. P ercy ].
• do not observe that he is in the Chamber, and so I withhold
t
thy vote.
Mr. PAYNTEIt (when his name was called). I have a gen
eral pair with the Senator from Colorado [Mr. G uggenheim ].
He is absent from the Chamber, and I therefore withhold my
rote.
Mr. WATSON (when his name was called). I again transfer
my general pair with the Senator from New Jersey [Mr.
B riggs] to the Senator from Missouri [Mr. Reed], and vote,
rote “ nay.”
The roll call was concluded.
Mr. BRISTOW. I desire to state that the junior ^Senator
ir°m South Dakota [Mr. C rawford] is necessarily absent. He
1? Paired with the Senator from Arkansas [Mr. D a v is ]. If
the junior Senator from South Dakota were here .lie would
v°te “ yea.”
Ml’. DILLINGHAM (after having voted in the affirmative),
t inquire if the senior Senator from South Carolina |Mr. T ill Ma n ] lias voted?
Mr. McCUMBER. I understand that the Senator from Mis
sissippi [Mr. P e r c y ], with whom I am paired, would probably
vote the same way that I would vote on this question. So I
withdraw the announcement of the pair, and vote “ nay.”
Mr. FOSTER. In the absence of my pair, I withhold my vote.
Mr. SMITH of South Carolina (after having voted in the
negative). I ask if the junior Senator from Delaware [Mr.
R ic h a r d s o n ] has voted? He intimated to me that he m ight be
absent.
The VICE PRESIDENT. The junior Senator from Delaware
has not voted.
Mr. SMITH of South Carolina. Then I transfer my pair with
that Senator
jfeuaj*),rr
.Jj:(ftn Mississippi [Mr. P e r c y ], and
The result was announced-—yeas 27, nay§% s a is follow s : *
^
Borah
Bourne
Bradley
Brandegee
Bristow
Burnham
Burton
Ashurst
Bacon
Bryan
Chamberlain
Chilton
Clarke, Ark.
Fletcher
Gallinger
Heyburn
Bailey
Bankhead
Briggs
Brown
Clapp
Clark, W yo.
Crane
Urawford
Gplberson
^
PoifJfejxter .
Root % .
Sanders - v
Sutherland \
Wetmore
■
W cik s
Smith, S. C.
Smoot
Swanson
Townsend
Watson
W illiam s
Reed
Richardson
Smith, Mich.
Stephenson
Stone
Thornton
Tillman
Warren
Mr. B urton ’ s amendment to
___
was.rejected.
The UTCE-■PRESIDENT. /The qvrestTdn is on agreeing to the
amendment of the Senator from Ohio [Mr. P omerene].
„ Mr. RAYNER. On that I ask for the yeas and nays.
■SEhe yens and nays
, niiiil Dm Ili 1 1 fffT ''flfm 11 ill il
1 *l
Mr. PIEYBURN (when his name was called). I have a
general pair with the senior Senator from Alabama [Mr.
B an k h ead ]. I do not see him present and I will therefore
withhold my vote.
Mr. PAYNTER (when his name was called). I have a
general pair with the Senator from Colorado [Mr. G uggen
h e im ].
He is not present, and therefore I withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
I again transfer my pair to the senior Senator from Mississippi
[Mr. P ercy ] and vote. I vote “ nay.”
Mr. WATSON (when his name was called). I make the same
announcement as to the transfer o f my pair as on the previous
vote. I desire this announcement to stand for the day. I vote
“ nay.”
The roll call was concluded.
Mr. IIEYBURN. I transfer my pair to the junior Senator
from Illinois [Mr. L orimer ] and vote. I vote “ nay.”
Mr. DILLINGHAM. Because of the absence from the Cham
ber of the senior Senator from South Carolina [Mr. T i l l m a n ] ,
with whom I have a pair, I withhold my vote.
Mr. JOHNSON of Maine. I wish to annoufice. the pair of my
colleague [Mr. 'G ardner] with the junior Senator frpm Massa
chusetts [Mr. C rane ].
The result was announced—yeas 17, nays 43, as follow s;
Borah
Brandegee
Bristow
Catron
Chamberlain
Ashurst
Bacon
Bourne
Bradley
Bryan
Burton
Chilton
Culberson
Cullom
Curtis
du Pont
The VICE PRESIDENT. He has not.
Mr. DILLINGHAM. Then I, having a pair with that Sen
ator, withdraw my vote.
Mr. CURTIS. I wish to announce that the Senator from Bailey
fcoutli Dakota [Mr. Gamble] is paired with the senior Senator Bankhead
Briggs
r°m Oklahoma [Mr. Owen ].
Y E A S — 27.
Lippitt
McLean
Nelson
Nixon
Oliver
Page
Perkins
N AYS— 33.
Hitchcock
Myers
Overman
Johnson, Me.
Johnston, Ala.
Pomerene
Rayner
Jones
Kern
Shively
Lea
Simmons
McCumber
Smith, Ariz.
Martin, Va.
Smith, Ga.
Martino, N. .T.
Smith, Md.
NOT V O TIN G — 35.
Davis
La Follette
Dillingham
Lodge
Dixon
Lorimer
Foster
Newlands
Gamble
O’Gorman
Gardner
Owen
Paynter
Gore
. Guggenheim
Penrose
Kenyon
Percy
Catron
'Cullom
Cummins
Curtis
du Pont
Fall
Gronna
y e a s — 17.
Newlands
Cummins
Oliver
Gronna
Perkins
Hitchcock
Poindexter
Johnston, Ala.
Tomerene
Kern
N A Y S — 43.
Martin, Va.
Fall
Fletcher
Martine, N. J.
Gailinger
Myers
Heyburn
Nelson
Johnson, Me.
Nixon
Jones
O ’Gorman
Lea
Overman
Lippitt
Page
Lodge
Rayner
McCumber
Sanders
McLean
Shively
NOT V O T IN G — 35.
Brown
Clark, Wyo.
Burnham
Clarke, Ark.
Clapp
Crane
W illiam s
Works
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Townsend
Watson
\
\
CONGRESSIONAL RECORD— SENATE.
7372
Dixon
Foster
Gamble
Gardner
Gore
Guggenheim
Kenvon
La Follette
Lorfiner
Owen
Paynter
Penrose
Percy
Iteed
Richardson
Root
Simmons
Smith, Md.
Smith, Mich.
Stone
Tillman
Mat 29,
opportunity to give it consideration. The amendment can bo
offered to some other of these bills which will be brought before
the Senate, and I suggest to the Senator that, instead of pressWarren
Wetmore
| ing it as an amendment to this bill, he withdraw it, and let it
be referred to the Finance Committee for consideration, and
then to offer it later on to some other of the tariff bills.
So Mr. P o m eren e ’ s amendment w as rejected.
Mr. NEWLANDS. I ask the Secretary to read the arnendMr. NEWLANDS. Mr. President, I ask the Senator from
' ment I offer.
North Carolina how many other revenue bills are there to which
this amendment could be offered?
Tj^e VICE PRESIDENT. The amendment will be read.
Mr. SIMMONS. There are four others.
The'"Secretary. Insert the following as a new section at the
end of the hill:
Mr. NEWLANDS. What are they?
Mr. SIMMONS. One is the sugar schedule, another is the
That on the 1st day of January, 1913, a reduction of 10 per cent
shall be made in the duties now imposed by law on articles imported excise bill, another is the chemical bill, and the other is the
into the United States from foreign countries, and that on the 1st day of woolen bill. I think probably the Senator’s amendment would
January of each year thereafter for the period of four years a further
reduction of 5 per cent shall be made on such duties until a total come better in connection with the excise bill than with any
reduction of 30 per cent in such duties shall be made : P r o v i d e d , h o w other, but that would be a matter for the determination of the
e v e r , That such reductions shall not apply to duties on articles which
have been specifically fixed by law at this session of Congress or shall Senator from Nevada.
Mr. NEWLANDS. Well, Mr. President, I will accept the
be hereafter specifically fixed by law : A n d p r o v i d e d f u r t h e r , That such
reduction shall not apply to duties on articles the importations of suggestion of the Senator from North Carolina and will frame
which during the preyfous fiscal year have equaled one-tenth of the the amendment so that it may be applicable to any of the pend
production of similar articles in the United States.
That the ascertainment of the facts upon which the foregoing pro ing revenue bills. I recognize the force of what he says, j
visions shall take effect shall be made by a tariff commission con regard this as a very important amendment. I hope that it
sisting of five members, to be appointed by the President, by and with will receive the careful consideration, the nonpartisan consid
the advice and consent of the Senate, oi' whom no more than three
shall belong to the same party; that the terms of the commissioners eration, of the Committee on Finance, for I regard it as a
shall lie one, two, three, four, and five years, respectively ; and that the rational solution, which will bring about gradually and progres
President in appointing such commissioners shall designate the terms
of each; that at the expiration of such terms the term of each sively a reduction in the tariff, which all desire, without in any
successor shall be for the period of five years.
way prejudicing American interests.
I will add—and I shall be brief upon the subject—that the
Mr. NEWLANDS. Mr. President, the purpose of this amend
ment is to bring the two great parties of the country in harmony discussion which has recently taken place upon the amendment
in accomplishing a needed reduction in the tariff, such reduction offered by the Senator from Ohio [Mr. P om eren e ] in regard to
to be accomplished in a manner consistent with the principals the duty on machine tools demonstrates the necessity of some
such action as I suggest. The bill came from the House of
of both parties.
For many years a reduction in the tariff has been urged. Representatives to this body and was reported by the minority
The Democratic Party has been urging it ever since the Civil of the Finance Committee. It contained a free list including ma
War, and, with the exception of a few years, when it secured chine tools. Machine tools are suddenly transferred from a duti
a temporary reduction of the tariff, its efforts have been with able list involving a tax of 30 per cent, I believe, to the free list.
Workingmen employed in this industry in the State of Ohio
out result. The Republican Party has recently declared for a
revision and reduction of the tariff. The Republican Party complain that the reduction is too radical, and the Senator from
proposes to establish that reduction by ascertaining the differ Ohio, a Democrat, recognizing that fact and justifying himself
ence in the cost of production at home and abroad. The Dem by a Democratic platform which he has quoted, offers a duty
ocratic Party in its platform has pledged itself to a gradual of 20 per cent upon machine tools, a reduction of 33J per cent
upon the existing duty, and that amendment is accepted by the
reduction of duties toward a revenue basis.
This amendment accomplishes a reduction without violating minority members of the Finance Committee, but rejected by
the principles of either party. It provides for an immediate the Senate, and rejected by a divided vote among the Demo
reduction of 10 per cent upon all existing duties and a reduc crats themselves, the Senator from Maryland [Mr. R ayner]
tion at the rate of 5 per cent per annum for four years there declaring that he was going to stand by the free list. Why?
after, making a total reduction of 30 per cent. But the Did he assert that he had any knowledge upon the subject?
amendment contains a proviso that this reduction shall not No. He simply declared that the other House had put these
apply to any duty fixed at this session of Congress or to any articles upon the free list, and that he proposed to stand by the
duty the importations under which to-day equal one-tenth of House. I assume that each member of the Democratic Party
the domestic production, and therefore the reduction does not in the House took the same position when it came from the
ve
apply to any duty in the existing tariff which can be fairly Ways and Means Committee. We should probably find, if \
made inquiry of the Ways and Means Committee, that the
termed a revenue duty.
The proviso also declares that the annual reduction shall placing of these machine tools upon the free list was the act
not apply to duties on articles the importations of which of one member, who had made the investigation. Thus we find
during the previous fiscal year have equaled one-tenth of the the action of an entire body relegated finally to the judgment
total domestic production of such article, thus accomplishing and the decision of an individual member of the Ways and
a termination of the reduction whenever we reach the import Means Committee in the other House. I do not say it is so
ing level and when increased importations may seriously dis but it is quite possible that it is so.
With these differences of views amongst Democrats them
turb American labor or American industries.
It may be said that this involves an indorsement of the selves, how are we to arrive at any harmony of action? is it
Republican principle of protection. I deny that. It does not not a great deal better to feel our way down toward a revenue
affirm or approve in any way the Republican principle of pro tariff than to jump down from a high protective tariff to a
tection. It simply recognizes the fact of protection, and that revenue tariff, to jump down from high protective duties to a
under a protective system industries have been so stimulated free list? I f we gradually reduce these duties, what possible
that if a radical change is made serious readjustments may harm can be accomplished? I do not propose to reduce by this
follow.
amendment a single revenue duty. The reduction does not
The Democratic Party recognizes the fact of protection in its apply to any duty the importations under which equal oneplatform, for it provides for a gradual reduction of duties. tenth of the total domestic production of any article. Is there
Every Democratic platform has declared its intention not to any Democrat who will insist upon it that importations shall
affect American wages or to seriously impair American in exceed one-tenth of the total of domestic production? If so, let
dustries. The Democratic Party has wisely recognized the him name his limit. Surely the importation of one-tenth o f’ the
fact of protection and is determined to legislate so gradually articles produced in our domestic manufactures will give a
and so progressively as not to injure the American workingmen revenue; and the effect of my amendment will be to absolutely
or American industries. It has recognized the fact that a destroy every prohibitory duty. That is an object which the
sliding reduction is essential in order to reach safely the goal Democrats wish to accomplish, and which every reasonable Re
o f a revenue basis which it has in view.
publican ought to wish to accomplish. The Republicans should
Mr. President, the debate which has just ensued-----not be in favor of prohibitory duties; they wish duties that will
Mr. SIMMONS. Mr. President-----enable American producers to command the American market
The VICE PRESIDENT. Does the Senator from Nevada according to the statement of the leaders of that party—both
yield to the Senator from North Carolina?
stand pat and insurgent—the other day. By that I assume they
Mr. NEWLANDS. Certainly.
do not mean the command of the American market to the abso
Mr. SIMMONS. Mr. President, I should like to suggest to lute exclusion of all foreign goods, but they must be desirous
the Senator from Nevada that the amendment which he has that some portion of foreign manufactures in each grade of in
introduced is a very important amendment, but it has not been dustry shall slip over the tariff wall as a regulator against ex
referred to the Committee on Finance, and they have had no tortion and exaction.
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. LODGE. N j, If the Senator will excuse me, that point
was made in regaUl to the favored-nation clause, and all the
favored nations ha\ mg with us a treaty and that made paper out
of wood pulp are now asking the free entry of the paper which
was protected at the time of the passage of the reciprocity act.
Mr. LIPPITT. What is the situation in regard to granting
that request? It has not been granted as yet?
Mr. LODGE. It has not been granted.
Mr. LIPPITT. The duty of $3.75, I understand, applies
everywhere except as to Canada?
Mr. LODGE. Except as to Canada, the principal source of
wood-pulp paper.
Mr. LIPPITT. The effect of the amendment proposed by
the Senator from Iowa would he to make the duty $2 per ton
on paper from Canada, and would it remain $3.75 on paper
from all other countries?
Mr. CUMMINS. It would not. If this amendment is
adopted and the law of which it is sought to he made a part
finally passes, the duty on paper o f all the world would be $2
Per ton.
Mr. LIPPITT. The effect of it would be that instead of free
entry from Canada there would be a duty of $2 a ton and a
reduction of the duty of $3.75 from all other sources to $2?
Mr. CUMMINS. Precisely. I think no one will question
that the report of the Tariff Board fails to sustain a duty of
$3.75 per ton from any quarter of the earth.
Mr. LIPPITT. I was simply asking so that I might have
it clearly in my mind.
Mr. GALLINGER. The phraseology of the Senator’ s amend
ment ought to be changed. Where it says “ in said section 2 ”
it should read “ in section 2 of said act.”
Mr. CUMMINS. I think so. I wrote it very hastily.
The PRESIDING OFFICER. The Senator modifies his
amendment.
Mr. CUMMINS. I think it ought to be rewritten, but I
found it necessary to produce it quickly.
Mr. HITCHCOCK. I should like to ask the Senator from
Iowa a question. Should his amendment pass, would the duty
on Canadian paper be $2 a ton while the duty on paper from
other countries would remain at $3.75 a ton?
Mr. CUMMINS. N o; if the amendment I have proposed/
should finally become a law, there would be a duty on print
paper of $2 a ton, no matter from whence it might enter our
ports.
Mr. HITCHCOCK. I did not hear the Senator.
Mr. CUMMINS. The duty of $2 a ton would apply to the
whole world under the amendment that I have proposed.
Mr. CULBERSON. It would repeal the free-of-duty propo
sition from Canada?
Mr. CUMMINS. Yes. We have now a certain law with re
gard to the duty on print paper. The law was, prior to the
reciprocity act, $3.75 per ton. The reciprocity act allowed cer
tain papers manufactured or originating in Canada to come in
free. It is now sought -by the substitute of the Senator from
New Hampshire to repeal that act, and I have added to that as
an amendment' that after the act is repealed all paper described
there shall enter our ports at $2 per ton.
Mr. HITCHCOCK. One other question. I should like to ask
whether the Senator from Iowa or the Senator from New Hamp
shire has any evidence that section 2 of the Canadian reciprocity
Hill has resulted in any disastrous consequences, as were pre
dicted at the time it was passed, by reason of admitting Cana
dian paper free of duty?
Mr. CUMMINS. I do not know; but I had an opinion with
Regard to the duty on paper in 1908, and again in 1910, when we
investigated the subject. I reached the conclusion that the duty
ought to be $2 per ton.
Mr. HITCHCOCK. On what theory?
Mr. CUMMINS. On the theory that it costs that much more
to make it in this country than to make it abroad.
Mr. HITCHCOCK. Then, as we have had free paper for a
year, I ask the Senator if he can point to any disastrous conse
quences to American industries as the result o f having paper
on the free list?
Mr. CUMMINS. In the first place, we have not had free paper.
The Canadian arrangement, I take it, has not possibly fulfilled
all. the hopes of those who originated it. But that does not
alter the opinion I then formed, and that I still hold, that there
ought to be a duty of about $2 a ton upon print paper.
Mr. GALLINGER. If the Senator will permit me, the question of revenue is of some consequence.
Mr. CUMMINS. Precisely.
Mr. IIEYBURN. Mr. President, I would inquire of the Sena
tor from Iowa whether the proposition to impose a duty of $2
or any other amount is not a revenue where there is now no
7377
duty, and whether it would be a violation of the constitutional
provision?
Mr. CUMMINS. I do not think, Mr. President, that it would
be a violation of the Constitution. It has been held that if the
House passes a bill which changes the duty on a single article,
around that bill there can be gathered a full and complete
revision of the tariff.
Mr. IIEYBURN. I recognize that.
Mr. CUMMINS. I hesitated to offer the amendment because,
generally speaking, I thought we ought to confine ourselves to
the schedule under consideration. But inasmuch as the amend
ment of the Senator from New Hampshire was offered, I could
not see it pass without expressing my view.
Mr. GALLINGER. The Senator from Iowa does not question
our right to transfer an article from the free list to the dutiable
list in the House bill?
Mr. CUMMINS. I do not.
Mr. GALLINGER. Certainly not.
Mr. IIEYBURN. N o ; and I am not going to press the sug
gestion further than that it may not appear hereafter that we
overlooked it, so that in interpreting it no one may be in a
position to say that we overlooked it. Upon this article there
is now no duty, and we are going to impose one of $2 by a
piece of original legislation. I merely made the suggestion for
the reason that I have stated.
Mr. CUMMINS. I have no doubt about our power constitu
tionally to do what has been proposed. Of course, that power
ought to be exercised with wisdom and properly when necessary.
Mr. GRONNA. Mr. President. I merely want to say a word
in regard to the inquiry made by the Senator from Nebraska
with regard to print paper. The Senator from Nebraska knows
as well as I do that a commission was appointed to investigate
this question. There were Republicans and Democrats upon
that commission, and they brought in a report that there should
be a duty of $2 instead of $6, which was the law at that time.
No attention was paid to it, or at least the report of that com
mission was ignored. Instead of- lowering it to $2 it was re
duced to $3. i ih '
The PRESTD'j^fH OFFICER. The yeas afid buys have been
jw&ed for. Is there a second?
Mr. CULBERSON. Now, let us have the amendment qs
amended read so that we can understand the question.
The PRESIDING OFFICER. The Secretary will read the
amendment as perfected, for the information of the Senate.
The Secretary read as follow s:
That the act entitled “An act to promote reciprocal trade relations
with the Dominion of Canada, and for other purposes,” approved Juh
26, 1911, he, and the same is hereby, repealed: P r o v i d e d , That from^HK
after the passage of this act there shall be a duty of $2
paid
on the paper described in section 2 of said agi,
The PRESIDING OFFICER. The yeas and nays have been
asked for. Is there a second?
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri
[Mr. Stone ]. I will transfer that pair to the junior Senator
from Illinois [Mr. L o r i m e r ] and vote. I vote “ yea.”
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ], who is
absent. If he were present, I should vote “ jrea.”
Mr. MARTINE of New Jersey (when the name of Mr. S m ith
of South Carolina was called). I was requested to state that
the Senator from South Carolina [Mr. S m i t h ] is paired with the
Senator from Delaware [Mr. R ichardson ].
Mr. BACON. I wish to add to what the Senator from New
Jersey has stated, that the Senator from South Carolina has been
called away by illness in his family.
The roll call was concluded.
Mr. SHIVELY (after having voted in the negative). I am
paired on this vote with the senior Senator from Rhode Island
[Mr. W e t m o r e ] . I voted inadvertently, and I desire to with
draw my vote.
Mr. MARTIN of Virginia. I desire to announce that my
colleague [Mr. S w a n s o n ] has been called from the city. He
is paired with the Senator from Nevada [Mr. N ix o n ], I also
announce that the Senator from Tennessee [Mr. L ea] is un
avoidably absent.
Mr. FOSTER. On account of the absence of my pair, the
junior Senator from 'Wyoming [Mr. W arren ], I withhold my
vote.
Mr. SMITH of Georgia (after having voted in the negative).
I inadvertently voted. I transferred my pair to the Senator
from Oklahoma [Mr. Gore], but the Senator from Oklahoma
is now in the Senate. I withdraw my vote.
CONGRESSIONAL RECORD— SENATE.
■ 7378
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from West Virginia.
Mr. SIMMONS. Mr. President, that is a very important
amendment, dealing not only with this schedule but with all
tariff schedules. It has not been referred to the Committee
on Finance; there has been no opportunity to give it considera
tion; and I hope the Senator from West Virginia will withdraw
the amendment and let it be referred to the committee. He can
offer it to some other of the tariff-schedule bills hereafter.
Mr. WATSON. Mr. President, I withdraw the amendment,
and ask that it be referred to the Finance Committee.
The PRESIDING OFFICER. Without objection, the amend
ment will be printed and referred to the Committee on Finance.
Mr. HITCHCOCK. ~ ''_j i | S
M > -(Vi.lmBT J move to amend the bill
by InggjtlMi r1
1
nffnr the woftFa
*«at®8iL!’, the word
in place of “ eight,” so that the provision will be for a
duty of 6 per cent on pig iron instead of 8 per cent.
The PRESIDING OFFICER. The amendment proposed by
the Senator from Nebraska will be stated.
The Secretary*. In section 1, on page 2, line 6, before the
ords “ per cent,” it is proposed to strike out “ eight ” and to
srt “ six,” so as to read :
Mr. HEYBURN (after Raving voted in the affirmative).
Because of the absence of my pair from the Chamber I will
withdraw my vote.
Mr. GORE. My colleague [Mr. O w e n ] is necessarily absent
from the Senate. He is paired with the Senator from South
Dakota [Mr. G amble ]. I will let this statement stand for the
day.
Mr. BURNHAM. I inquire if the junior Senator from Mary
land [Mr. S m it h ] has voted.
The PRESIDING OFFICER (Mr. Curtis in the chair). He
has not voted.
Mr. BURNHAM. In his absence I withhold my vote. If
Peri;
._ _ _ _ _ .
ALLINGER. I i~i'T'"T7TjTlP M l,J m announce that the
m
Senator from Kentucky [Mr. BRADLEYjY*^aired with the
Senator from Arkansas [Mr. Clarke].
The result was announced—yeas 37, nays 27, as
Borali
Bourne
Brandogee
Burton
Catron
Clapp
Clark, Wyo.
Crane
Cullom
Cummins
Asliurst
Bacon
Bristow
Bryan
Chamberlain
Chilton
Culberson
\
Bailey
Bankhead
Bradley
Briggs
Brown
Burnham
Clarke, Ark. •
Crawford
YEAS—37.
McCumber
Curtis
Dillingham
McLean
du Pont
Nelson
Gallinger
Oliver
Gardner
Page
Gronna
Penrose
Guggenheim
Perkins
Johnson, Me.
Root*’
Jones
Sanders
Lodge
Simmons
NAYS— 27.
Fall
Martine, N. J.
Fletcher
Myers
Gore
O’Gorman
Hitchcock
Overman
Johnston, Ala.
Paynter
Kern
Percy
Martin, Va.
Poindexter
NOT VOTING—31.
Davis
Lippitt
Dixon
Lorimer
Foster
Newlands
Gamble
• Nixon
Heyburn
Owen
Kenyon
Reed
La Follette
i Richardson
Lea
Shively
Smith. M
ickL**
Smoot
Stephenson
Sutherland
Thornton
Townsend
Works
\
i
Pomerene
Rayner
Smith, Ariz.
Tillman
Watson
Williams
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson
Warren
Wetmore
\ So Air. G allinger’ s amendment was agreed to.
DESIGNATION OF PRESIDENT PRO TEMPORE.
Aron in pigs, iron kentledge, spiegeleisen, wrought and cast scrap
iron8toid scrap stdel, 6 per cent ad valorem.
TheSjPRESIDING OFFICER. The question is on agreeing to
y ^lie amendment.
Mr. HITCHCOCK. Mr. President, I wish to say a word in
reference\to the amendment. The present law provides for a
duty of something less than 15 per cent on these articles. The
House bill Provides a duty o f S per cent. The substitute offered
by the S e n io r from Iowa [Mr. Cu m m in s ] provided a duty of
slightly less* than 6 per cent, and I think it is fair to say that
the Senator-from Iowa demonstrated in the address which he
delivered that there is no need for any duty larger than the
one which he proposed.
The product of pig iron in this country amounts to almost
$400,000,000 worth annually, and we practically export as much
pig iron as we import. I believe that the duty o f 6 per cent
is applicable for revenue purposes and in harmony with the rest
of the bill. I should like to have the Senator in charge of the
bill accept the amendment, if possible.
Mr. SIMMONS. Mr. President, I am not in a position to
accept the amendment.
Mr. HITCHCOCK. Then I ask a yea-and-nay vote on the
amendment.
Mr. SIMMONS. In making that statement I did not intend
to express any personal opinion about i t ; but I am not author
ized, ns in other instances where I have accepted amendments
by the minority members of the committee, to do so in this
Mr. GALLINGER. Mr. President, I am informed that the
Vice President will be necessarily absent from the city on
Thursday, Friday, and Saturday of this week and Monday of
next week. I rise to ask unanimous consent that the Senator
from Georgia [Air. Bacon] be designated to act as President
pro tempore of the Senate on those days.
The PRESIDING OFFICER. Is there objection? The Chair
hears none, and it is so ordered.
Mr. GALLINGER submitted the following resolution (S. Res.
324) , which was read, considered by unanimous consent, and
agreed t o :
R e s o l v e d , That the Secretary wait upon the President of the United
States and in form him that the Senate has elected A u g u s t u s O. B ac on ,
a Senator from the State of Georgia, President of the Senate pro
tempore, to hold and exercise the office in the absence of the Vice
President on Thursday, Friday, Saturday, and Monday next. May 30,
31, Tune 1 and 3, 1012.
M GALLINGER submitted the following resolution (S. Res.
l*.
325) , which was read, considered by unanimous consent, and
agreed t o :
R e s o l v e d , That the Secretary notify the House of Representatives
that the Senate has elected A u g u st u s O. B a c o n , a Senator from the
State of Georgia, President of the Senate pro tempore, to hold and
exercise the office in the absence of the Vice President on Thursday,
Friday, Saturday, and Monday next, May 30 and 31, June 1 and 3, 1912.
May 29.
C<lS0
Tlie PRESIDING OFFICER, The Senator from Nebraska
asks for the yeas and nays. Is there a second? Not a suffi
cient number, in the opinion of the Chair, have risen to second
the demand. The question is on the amendment. In the opinion
of the Chair, the ayes have it.
Mr. MYERS. I call for a division on the demand for the
yeas and nays.
Mr. HEYBURN. Mr. President, I did not distinctly hear
just what became of the amendment proposed by the Senator
from West Virginia [Mr. W atson ]. Was it withdrawn?
The PRESIDING OFFICER. It has been referred to the
Committee on Finance.
Mr. HEYBURN. So that the only amendment now pending
is the one offered by the Senator from Nebraska [Mr. H itch
cock ]
?
The PRESIDING OFFICER. That is carried, unless, in the
opinion of the Chair-----THE METAL SCHEDULE.
Mr. GALLINGER. Mr. President, I thought the Chair de
The Senate, as in Committee of the Whole, resumed the con
sideration of the bill (PI. R. 18642) to amend an act entitled clared that the negative vote had prevailed. However that may
“An act to provide revenue, equalize duties, and encourage the be, I will first ask that the amendment shall be again stated.
The PRESIDING OFFICER. Without objection, the Secre
industries of the United States, and for other purposes,” ap
tary will restate the amendment.
proved August 5, 1909.
The Secretary*. On page 2, line 6, before the words “ per
Mr. WATSON. I offer the following amendment. I hope
centum,” it is proposed to strike out “ eight ” and insert “ six ”
the Senator in charge of the bill will accept it.
The PRESIDING OFFICER. The amendment will be read. so as to read:
1. Iron in pigs, iron kentledge, spiegeleisen,
The Secretary. It is proposed to add a new section to the iron and scrap steel, G per cent ad valorem. wrought and cast scran
p
bill to read as follow s:
Mr. GALLINGER. I ask for the yeas and nays on that
S ec. 3. That the President is hereby authorized, in any case of amendment.
emergency, to suspend the collection of customs duties on any article
included for taxation in the tariff law in effect on the day the Presi
Mr. HITCHCOCK. I understood that the yeas and nays were
dent issues his proclamation suspending the collection of duty on any refused.
article, so that such article may be imported free of duty for not ex
The PRESIDING OFFICER. There has been a division
ceeding the period of six months. When the President decides to sus
pend the collection of duties on any article, he shall issue his proclama called for.
tion to that effect. Such suspension of the collection of customs duties
Mr. HITCHCOCK. And that the Chair had so decided.
for the period named by the President in his proclamation shall take
The PRESIDING OFFICER. That was on the request of the
effect on the day following the issuing of said proclamation, and shall
continue for the period named.
Senator from Nebraska, since which time there has been a vote
1912.
CONGRESSIONAL RECORD— SENATE.
and now the yeas and nays are demanded. The Chair thinks
the question should be put.
Mr. HITCHCOCK. I understood that the Chair had an
nounced the result o f the vote.
The PRESIDING OFFICER. In the opinion of the Chair
the “ ayes ” had it, but that vote was challenged by the Senator
from New Hampshire [Mr. Gallinger ].
Mr. HITCHCOCK. And there was no call for the yeas and
nays until subsequent business had intervened.
The PRESIDING OFFICER. The Chair will hold that it is
not too late to demand the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. DILLINGHAM (when his name was called). In the
absence of the senior Senator from South Carolina [Mr. T ill
m a n ], with whom I am paired, I withhold my vote.
Mr. FOSTER (when his name was called). In the absence
of my pair, the Senator from Wyoming [Mr. W arren ], I with
hold my vote.
Mr. GALLINGER (when his name was called). I am paired
for the day with the senior Senator from Virginia [Mr. M artin ].
I am also requested to announce that the Senator from Ohio
[Mr. B urton ] is paired with the Senator from Nevada [Mr.
N ew lan d s ].
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ], so that
I shall not vote. I make that announcement for the day.
Mr. SMITH of Georgia (when his name was called). I am
paired with the senior Senator from Nebraska [Mr. B ro w n ],
H I were at liberty to vote, I should vote “ yea.”
The roll call was concluded.
Mr. IIEYBURN (after having voted in the negative). I
Would ask if the senior Senator from Alabama [Mr. B a n k Head ], with whom I am paired, has voted?
The PRESIDING OFFICER (Mr. S m ith of Michigan in the
chair). The senior Senator from Alabama has not voted.
Mr. H E YB U R N .
IK
n
d
of' .
n
ts
iis
ra
\cl
f
sid
n
i
l
f
if
>
w
Asliurst
Bacon
Borah
Bristow
Bryan
Chamberlain
Chilton
Clapp
Culberson
Burnham
Catron
Crane
Curtis
du Pont
r
Then I withdraw my vote.
Mr. JOHNSTON o f Alabama. I desire to announce for the
day that the Senator from Texas [Mr. B a il e y ] is paired with
the Senator from Montana [Mr. D ix o n ].
Mr. SHIVELY (after having voted in the affirmative). I de
sire to inquire whether the Senator from Rhode Island [Mr.
W ktmore], with whom I am p.anpd, lias voted?
The PRESIDING OFFICER. The Chair is informed that he
has not voted.
Mr. SHIVELY. Then I withdraw my vote.
The result was announced-—yeas 36, nays 20 as follows
Bailey
Bankhead
Bourne
Bradley
Rrandegee
Briggs
Brown
Burton
Clark, Wyo.
Clarke, Ark.
YEAS—36.
Jones
Cullom
Kern
Cummins
Martine, N. J.
Fletcher
Myers
Gardner
O’Gorman
Gore
Overman
Gronna
Percy
Hitchcock
Poindexter
Johnson, M
e.
Pomerene
Johnston, Ala.
NAYS— 20.
Page
Fall
Paynter
Lodge
Penrose
McLean
Perkins
Nelson
Root
Oliver
NOT VOTING— 30.
La Follette
Crawford
Lea
Davis
Dillingham
Lippitt
Lorimer
Dixon
McCumber
Foster
Martin, Va.
Gallinger
Newlands
Gamble
Guggenheim
Nixon
Owen
Heyburn
Reed
Kenyon
Rayner
Simmons
Smith, Ariz.
Smith, M
d.
Thornton
Tillman
Watson
Williams
Works
Sanders
Smith, Mich.
Stephenson
Sutherland
Townsend
Richardson
Shively
Smith, Ga.
Smith, S. C.
Smoot
Stone
Swanson
Warren
Wetmore
So Mr. H itchcock ’ s amendment was agreed to.
Mr. WATSON. On page, T Jma.KVI move to strike out the
Word “ fifteen ruirT flfsertm ew cm l “ ten.”
The PRESIDING OFFICER. The question is on agreeing
to the amendment proposed by the Senator from West Virginia.
Mr. SHIVELY. Let the amendment be stated.
The PRESIDING OFFICER. The Secretary will state the
amendment.
The S ecretary. On page 2, line 13, before the words “ per
centum,” it is proposed to strike out “ fifteen ” and to insert
“ ten,” so as to read.
Ferromanganese, chrome or chromium metal, ferrochrome or ferrochronfium, ferromolybdenum, ferrophosphorus, ferrotitanium, ferrotungsten,
leiTovanadium, molybdenum, titanium, tantalum, tungsten or wolfram
metal, and ferrosilicon, 10 per cent ad valorem.
The P R E SID IN G O FFICER. The question is on agreeing
f° the amendment.
The amendment was agreed to.
7379
The PRESIDING OFFICER. The bill is in the Senate as
in Committee of the Whole and open to amendment. I f there
be no further amendments to be offered, the bill will be reported
to the Senate.
Mr. HEYBURN. Mr. President, for some reasons I regret
that the bill is not yet ready to be reported to the Senate. ^1
was calling attention yesterday when the Senate closed its
session to the position in which the Republican Party stands in
regard to this question. It ought to interest them, and it would
interest them if they were as zealous as the Democrats. I have
been somewhat interested during the discussion of this question
to observe that, while the Democrats have raised the cry—and
I am afraid have impressed some Republicans with the serious
ness of that cry—that there is a great demand for this legisla
tion; that the interests of the people individually and collec
tively are at stake— I have been interested to see the measure
of zeal shown by the attendance of Members upon the other side
and their participation in this debate.
If I thought this measure, this Democratic destruction of
prosperity, was so vital as they seem to think it is, I would
stay in my seat, if I sat on the other side, as long as my physi
cal condition would permit, and I would speak on behalf of
my belief as long as my voice could be heard. They have been
content in the arrogance of power— and I do not use that word
in an invidious sense—and in the possible expectation of an
alliance with some Members of the Senate on this side to allow
it to go without a word of recommendation or defense. I am
rather astonished. Are you so sure that j-ou are going to get
the assistance on this side that you anticipate? Senators on
the other side must be well aware o f the fact that without it
they can not pass the bill, and yet they are going along glori
ously, assuming that they will pass this bill. I say—and I base
my statement upon my faith in Republicans—that they will
not pass it. If I lose in that proposition, it will be because I
have made a miscount of the Republicans. I used to know how
to count them.
Mr. BACON. Will the Senator from Idaho permit me?
The PRESIDING OFFICER. Does the Senator from Idaho
yield to the Senator from Georgia?
Mr. HEYBURN. Yes.
Mr. BACON. I want to say that whatever confidence we
have had in regard to that matter has been due to the assur
ances we have had from the other side of the Chamber. The
Senator from Pennsylvania [Mr. Oliver] on yesterday or the
day before boldly announced that it was the purpose of the
majority to absent enough of their Members to permit this side
to carrv the vote, and he defended his course in that regard.
Mr. OLIVER. Mr. President-----The PRESIDING OFFICER. Does the Senator from Idaho
jdeld to the Senator from Pennsylvania?
Mr. HEYBURN. Yes.
Mr. OLIVER. Mr. President, I certainly made no such state
ment. I think the Senator from Georgia undoubtedly misunder
stood what I said. I said that I was opposed to this bill and
that I was opposed to the substitute offered by the Senator
from Iowa [Mr. C u m m in s ], and, speaking for myself, and for
myself alone, I held myself at liberty to defeat both measures,
either by voting against them or by abstaining from voting, and
I proposed to use my own judgment as to which course I would
pursue; but I did not declare to the Senate my intention of do
ing anything in the premises.
Mr. BACON. Mr. President, with the permission of the Sen
ator from Idaho, I will recall to the recollection of the Senate
that the Senator from Iowa [Mr. Cu m m in s ] had asserted in
no ambiguous terms, but, on the contrary, in the most emphatic
terms and with iteration and reiteration, that that was the pur
pose of Senators belonging to the m ajority; and the Senator
from Pennsylvania made the utterance of which he now speaks
in response and in reply to the charge which had been made by
the Senator from Iowa. If he did not mean to be taking the
position that he was justified in doing exactly what the Senator
from Iowa charged was intended to be done, then I do not
understand the use of the English language. I simply repeat
that whatever confidence we have in the matter is not because
of any majority of votes on this side, but because of that an
nounced intention on the part of the Republicans. Of course,
we are ready to pass our bill, expect to do so, and will endeavor
to do so.
Mr. HEYBURN. By what kind of votes does the Senator
expect to pass the bill?
Mr. BACON. By Democratic votes exclusively.
Mr. HEYBURN. Entirely?
Mr. BACON. Yes, sir.
Mr. HEYBURN. Then the Senator counts every man a
Democrat who votes for that bill?
Mr. BACON. Well, I have no right to speak about others.
7380
CONGRESSIONAL RECORD— SENATE
May 29,
quantities, it is more important than the ordinary schedules
Mr. IIEYBURN. I merely want to get a line on tlie tiling.
Mr. BACON. I did not say tliat every man who votes for the and there is a wide margin between the production and the use!
Mr. President, I merely started out with that as an example
bill Is a Democrat, because I think that properly a good many
Republicans could vote for it and should do so. What I did of the discrepancy between the contention of the Senator from
say was that the Democrats would vote for it; I did not say Iowa and the facts in this case. I know that in some com
modities the line of reasoning adopted by the Senator from
that all who voted for it would be Democrats.
Mr. IIEYBURN. The Senator used the word “ exclusively.” Iowa would be a true line of reasoning, but it does not apply
Mr. BACON. I meant that, according to the announced pro to this commodity.
Let us see something about it. In the first place, to produce
gram as stated by the Senator from Iowa, who seemed to be
sure of his ground, and which was not denied by any Senator, a ton of ore you mine 6 tons; I will say 5 tons to be conserva
but which, on the contrary, was defended on the other side, I tive. You mine 5 tons of raw material out of the ground. You
break it down, and hoist it to the surface, and you carry it to
supposed they were not going to vote for this bill-----the mill in order to get 1 ton of lead ore. That ton of lead ore
Mr. BRISTOW. Mr. President-----Mr. BACON. But that they had the information that enough when you have reduced it by concentration or other processes’
Senators who occupy the same relation to the bill which the will contain about 60 to 62 per cent lead, and the balance is
Senator from Idaho occupies would abstain from voting, and waste, and when you send that to the smelter you pay the wages
that that would leave a majority for the Democrats, the Sen incident to the transportation and you pay the freight on the
ator at the time saying that the Senator from Idaho would not waste, and when you get to the smelter you pay the smeltum
charges on the waste. So you have been mining and shipping
be one of them.
and smelting waste all along the line in order to get a ton 0f
Mr. BRISTOW. Mr. President-----The PRESIDING OFFICER, Does the Senator from Idaho . ore, and when you have that ton of ore, it represents the wages
and the expense incident to the mining of 5 tons of rock.
yield to the Senator from Kansas?
It costs just as much to mine barren rock as it does rich ore.
Mr. IIEYBURN. Yes.
Mr. BRISTOW. I should like to inquire of the Senator from It costs just as much to send it over the railroad or the trails!
Idaho what he would call the Senator on this side of the portation line. It costs just as much to put it through the
Chamber who absents himself from the Chamber so as not smelter. In fact, it costs more, because you have to introduce
to vote and thereby permits the Democratic bill to pass?
into the charge certain other metals or minerals in order to fuse
Mr. IIEYBURN. I never call names.
the lead ore.
Mr. President, it is obvious that the other side rely upon
So I have been somewhat impatient with the discussion of
gaining some votes upon this side; but we have made some his the question of the duty on lead based upon the assumption that
tory to-day. We had a vote here a few moments ago in which you mine lead. We do not mine lead. We mine vast quantities
there seemed to be a degree Qf harmony most gratifying and of rock in which there is lead. If you sell the ore without
which has not always existed. I will pin my faith in men on treating it, you get the bullion value. If you treat it, you re
very small things sometimes, and I believe that men who go duce it to bullion.
wrong on their judgment may always be brought back to a
There is the difficulty with the proposition of the Senator
proper conception of the •right. I have faith, a vast amount from Iowa. You pay exactly the same wages to the man who
of it, and I am not going to yield it up until I see somebody breaks the barren rock that stays in the mine or goes over the
who comes here wearing a Republican badge voting with the dump. You not only spend your money for the 5 tons that goes
Democrats. So I am in rather a happy and contented frame of to the concentrator, but you spend in addition to that your
mind on that subject.
money for rock that never goes anywhere, but stays on the dump
Do you suppose, Mr. President, that a Senator representing of the mine.
No one has taken that into consideration at all. It was
the great industry of lead mining could be counted upon by the
other side to vote for a reduction of the duty upon lead? assumed, I say, that you mine lead. Nobody mines lead. The
Yesterday the Senator from Iowa introduced an amendment reason the industry is of such supreme importance is because
that proposed a reduction of $5 a ton upon lead bullion. He it has been the foundation of States. There-are great States in
provided for a duty upon lead ore and proposed a reduction of the Union to-day which would not have existed except for
$5 a ton upon lead bullion. I have been in the lead country a the mines. The pioneer goes there, not because of the climate
long time, and supervised a good many settlements for ore. or the scenery or the soil, but because of the existence or sup
The settlement for lead ore is based upon the bullion value posed existence of these ores, and being there he first directs
and contents, so that the proposition really struck at the whole his attention to the thing he went for, and not being fortunate
lead industry. The reduction suggested by the Senator would in securing a foothold in mining and being in the country
merely be a temptation to those who deal in Mexican mines looking around for other possibilities, staying there for other
and Mexican ores to build their smelters on that side of the purposes, he, with the other men coming in, have developed
line, reduce their ores into bullion, and send it over to compete the foundation upon which the State rests.
The State of Colorado was a mere prospecting ground, it
in our field of production with our bullion-----Mr. CUMMINS. Mr. President-----was not known for anything within its boundaries except the
Mr. IIEYBURN. Just a moment, until I finish the thought— metals and ores. The same is true of the States of New Mexico
and inasmuch as the product of lead and the use of it in our and of Arizona.
country are about the same, that is a very material propo
The same is true of the States of Montana and Idaho and
sition.
California. Nobody ever went to those States originally with
Mr. CUMMINS. Mr. President-----any idea of doing anything except to mine. Idaho had passed
The PRESIDING OFFICER. Does the Senator from Idaho through its gold-mining experience for years and had produced
yield to the Senator from Iowa?
more real wealth than any State east of the Mississippi River
Mr. IIEYBURN. Y es; I yield.
and there was an interval during which time men were esti
Mr. CUMMINS. The Senator has stated the case accurately, mating the possibilities and reaching out for new discoveries
but possibly all Senators did not follow the lead schedule with It resulted in developing agriculture and horticulture and in
sufficient care to know just what the statement of the Senator dustries of all kinds that were a safe foundation for a State
from Idaho means. At the present time the duty on lead in
That is something in the making of a State. The miner either
ore is .$30 per ton, and the duty on lead in bullion is $42.50 realizes his desire in mining or goes down into the valleys or into
per ton. My amendment did not reduce the duty on lead in the fertile portions of the State and stays permanently. j j e
ore, but it reduced the duty on lead in bullion from $42.50 per never would have gone there to settle except that he went there
ton to $37.50 per ton; and if the Senator from Idaho can con to mine. The people who engage in mining in all its branches
vince the Senate that in this country it costs to reduce lead ore seeing around them possibilities for home building, engage in
to lead bullion in excess of $7.50 a ton over the cost in other it. So there is a whole lot more involved in this question&
than
countries he will have convinced me of error. I simply wanted the mere matter of how many dollars were taken out of the
the Senate to know what the total duty was on lead bullion ground. There are the growth and the increase of the resources
and lead ore.
of the State in timber, in agriculture, in horticulture, and
Mr. IIEYBURN. Mr. President, the difficulty with the Sen grazing that stand very high in the estimate of the wealth of
ator from Iowa is that he starts to reason from a false premise. this country.
In the first place, it is the bullion that regulates the price of
We are not to be overlooked by the trader, by the monev
the ore, and the displacement of our product in bullion by Mexi changer, by the huckster, and the broker. They can not stand
can bullion would diminish our market for the bullion that we and point the finger of superiority at us. We furnish them
produce. Nobody uses ore; it has to be reduced to bullion be with the material with which they do business. A city ts
fore it is ready for use.
merely a plaCe of exchange. It produces nothing except the
Mr. President, this is not only a large item, but, inasmuch energy and the disposition of the men to engage in gainful
as we produce the lead that we use in this country in equivalent enterprise. That is all a city does.
CONGRESSIONAL RECORD— HOUSE.
1912
73 8 7
Mr. GALLINGER (when his name was called). I am paired
H O U S E O F K E P R E S E N T A T I V E S.
with the senior Senator from Vir-g-iniiM[Mr. M artin ], and I will
W e d n e s d a y , May 29, 1912.
withhold my vote. I f privileged to vof£. T would vote “ nay.”
Mr.. O’GORMAN (when his name was called), “ in the absence
The House met at 12 o’clock noon.
of the senior Senator from Connecticut [Mr. B kandEU ], with
be
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
whom I am paired, I withhold my vote.
lowing prayer:
Mr. C .
PAYNTER (when his name was called). I have a gen"oO
Our Father in heaven, we thank Thee for the great men who
in thought and deed have contributed to the dignity of life.
The PRESIDING OFFICER. The question is on the adop
We do not build monuments to the evildoer; his acts we would
tion of the motion of the Senator from Kansas that when the
forget. We build monuments to the men who think great
Senate adjourns to-day it adjourn to meet on Friday at 11
o’clock.
thoughts and do noble deeds that we may perpetuate their mem
ory and emulate their virtues. To wait on destiny is futile,
Mr. JONES. On that I ask for the yeas and nays.
since destiny waits on us. Do the opportunity of to-day and
The yeas and nays were ordered, and the Secretary proceeded
1to call the roll.
we are prepared for the opportunity on the morrow. Live well
to-day and we shall be prepared to live better to-morrow.
and thereioiu a ithujjv. u —„
Every good thought, every noble deed, weaves itself into outThe roll call was concluded.
being and is its own reward. “ For he that hath, to him shall
Mr. GALLINGER. I have announced my pair with the senior more be givep.; and he that hath not, from him shall be taken
Senator fv
: U utTra l I am sure that that
c;veji that winch he hath.”
Senator would vote “ nay ” i^‘"pres^irt.'-and-t^refore-Twiihvote.:|
* Iffefp u s, we beseech Thee, to build monuments for ourselves
I vote “ nay.”
which shall survive the wrecks of time, that we may glorify
Mr. SMITH of Georgia (after having voted in the negative). ourselves by glorifying humanity and our Maker. Iu Jesus
I announced the transfer of my pair to the Senator from Okla Christ our Lord. Amen.
homa [Mr. G ore]. A s that Senator is now present, I transfer
The Journal of the proceedings o f yesterday was read and
tty pair to the senior Senator from Mississippi [Mr. P ercy ], and
approved.
I will let m -Kate^aaiaain.
Av
LEAVE OF ABSENCE.
. Mr. CltAMBERKAT^'
having voted in the negative).
The SPEAKER. The Chair lays before the House the fol
y i have a general pair with the jurix^ Senator from Pennsylvania
[Mi-. O liver ]. He is not here, and I desir'e'to withdraw my vote. lowing telegram, which the Clerk will read.
The Clerk read as follow s:
The result was announced—yeas 22, nays 30, as iQllows;
Bourne
Burton
V
;laPp
Curtis
Dillingham
i oster
Ashurst
gankhead
Borah
Bristow
Dryan
Catron
Chilton
Clark, Wyo.
paeon
Bailey
Bradley
Brandegee
Briggs
■Drown
.Burnham
Chamberlain
Cfei-ko, Ark.
Crasft
YEAS— 22.
Gronna
Nelson
Heyburn
Page
Jones
Perkins
Kern
Poindexter
McCumber
Root
Martine, N. J.
Sanders
NAYS— 30.
Culberson
Hitchcock
Cullom
Johnson, Me.
Cummins
Johnston, Ala.
du Pont
Lodge
Fletcher
Myers
Gallinger
Newlands
Gardner
Overman
Gore
Penrose
NOT VOTING— 43.
Davis
Martin, Va.
Dixon
Nixon
Fall
O’Gorman
Gamble
Oliver
Guggenheim
Owen
Kenyon
Paynter
La Follette
Percy
Rayner
Lea
Reed
Lippitt
Lorimer
Richardson
McLean
Shively
J a m a ic a P l a i n s , M a s s ., M a y 21, 1912.
Hon. C h a m p C l a r k ,
Smith, MichT^tf..,
S p e a k e r H o u s e o f R e p r e s e n t a tiv e s , W a s h in g t o n , D . C. :
Thornton
% I request leave of absence for one week, on account of illness of my
Townsend
■ father, who is in a very critical condition.
Works
Njk
Pomerene
Simmons
Smith, Ariz.
Smith, Ga.
Tillman
Watson
G eorge E d m u n d F o s s .
%he SPEAKER. Without objection, the leave will be
grarfced; and the Chair ought to state, in justice to Mr. Foss,
that this telegram came to him yesterday morning, but was
misplaced in some way, and the Chair had forgotten who it was
who asEked leave, and the Chair has no doubt that yesterday
was till particular day the gentleman wanted to have the leave
granted.
enrolled
Smith, Md.
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Warren
Wetmore
Williams
b il l
sig n e d .
Mr. CRAVENS, from the Committee on Enrolled Bills, re
ported that they had examined and found truly enrolled bill of
the follow ing title, when the Speaker signed the same:
. R. 23634. An act to authorize the village of Oslo, in the
^unty of Marshall, in the State of Minnesota, to construct a
bridge across the Red River of the North.
ENROLLED BILLS PRESENTED TO THE PRESIDENT FOR IIIS APPROVAL.
Mr. CRAVENS, from the Committee on Enrolled Bills, re
ported that this day they had presented to the President of the
United States, for his approval, the following b ills:
H. R. 140S3. An act to create a new division of the southern
judicial district of Texas, and to provide for terms of court at
Corpus Christ!, Tex., and for a clerk for said court, and for
otlier purposes;
H. J. Res. 142. Joint resolution to authorize and direct the
Great Northern Railway Co. and the Spokane & British Colum
bia Railroad Co. in the matter of their conflicting claims or
rights of way across the Colville Indian Reservation, in the
State of Washington, in the San Poil River Valley, to adjust
their respective locations of rights of way at points of conflict
in such manner as to allow each company an equal right of way
RULE XXII.
through said valley; and in case of their failure so to do, to
p r e c e d e n c e of m o t io n s .
authorize and direct the Secretary of the Interior to readjust
When a question is pending, no motion shall be received but—
said rights of way;
To adjourn.
H. R. 205S6. An act granting pensions and increase of pensions
. -to adjourn to a day certain, or that when the Senate adjourn it shall
D to a day certain,
e
to certain soldiers and sailors o f the Civil War and certain
lo take a recess.
widows and dependent children of soldiers and sailors of said
to proceed to the consideration of executive business.
T° ]ay on the table,
w a r;
to postpone indefinitely,
If. R. 17029. An act authorizing the Secretary of War to con
to postpone to a day certain,
vert the regimental Army post at Fort Oglethorpe into a brigade
to commit
l,o amend.
post;
uiuch several motions shall have precedence as they stand arranged;
H. R. 23634. An act to authorize the village of Oslo, in the
and the motions relating to adjournment, to take a recess, to proceed to county of Marshall, in the State of Minnesota, to construct a
pie consideration of executive business, to lay on the table, shall be de
bridge across the Red River of the N orth;
cided without debate.
H. It. 16661. An act to relinquish, release, remise, quitclaim
Mr. LODGE. Mr. President, I think the Senator from Texas
18 right. I think the rule covers a motion to adjourn to a day all right, title, and interest of the United States of America in
and to all of the lands held under claim or color of title, by
certain.
individuals or private ownership or municipal ownership, situ
Mr. GALLINGER. Undoubtedly.
ated in the State of Alabama, which were reserved, retained, or
Mr. McCUMBER. I move that the Senate adjourn.
The motion was agreed to; and (at 6 o’clock and 23 minutes set apart to or for the Creek Tribe or Nation of Indians, under
P- tt.) the Senate adjourned until to-morrow (Thursday, May or by virtue of the treaty entered into between the United
States of America and the Creek. Tribe or Nation of Indians
1912) at 12 o’clock in.
Crawffed
So Mr. 'Upums\s motion was rejected.
Mr. CULBHRSON. Mr. President. jjU&ru small matter, but
a moment ago I made" fhd pnintrtf order that the motion that
the Senate adjouru, or that when it adjourn it adjourn to a day
certain was not debatable. The Senator from Massachusetts
[Mr. Lodge] took issue, and said that it was debatable. I ask
the Secretary to read Rule X X II for the benefit of the Senate,
so as to show that no motion relating to adjournment is de
batable.
The PRESIDING OFFICER. The Secretary will read as re
quested.
The Secretary read as follows:
7388
CONGRESSIONAL RECORD— HOUSE
Slayden
Sloan
Smith, Tex.
Speer
Steenerson
Stephens, Cal.
Stephens, Miss.
Stephens, Nebr.
Stephens, Tex.
Sterling
EX TE N SIO N OE R E M A R K S.
Stone
Sulloway
Mr. MOORE o f Pennsylvania. Mr. Speaker, I ask unanimous
Sweet
consent to extend my remarks in the R ecord upon the subject
Taggart
Talbott, Md.
of the Schuylkill River.
Talcott, N. Y.
The SPEAKER. The gentleman from Pennsylvania asks unan
Taylor, Ala.
Taylor, Colo.
imous consent to print some remarks in the R ecord on the
Thistlewood
Schuylkill River. Is there objection? [After a pause.] The
Tilson
Chair hears none.
Towner
LEAVE OF ABSENCE.
NAYS—6.
By unanimous consent, Mr. M cM orran was granted leave of Farr
Page
Martin, Colo.
Fitzgerald
Mondell
absence, for two weeks, on account of illness in family.
ANSWERED “ PRESENT ”— 10.
CALENDAR W EDNESDAY.
Adamson
Dyer
Davenport
The SPEAKER. This is Calendar Wednesday, and the un Browning
Garner
Davidson
Riordan
Cannon
finished business is the bill H. R. 17260.
Driscoll, M. E.
NOT VOTING— 142.
BU REAU OF M IN E S AND M IN IN G .
Kent
Dwight
Mr. FOSTER. Mr. Speaker, I ask unanimous consent that we Aiken, S. C.
Kindred
Allen
Fairchild
may close debate on the bill H. R. 17260 after 1 hour and 30 Anderson, Ohio Fields
Kinkead, N. J.
Konig
Andrus
Flood, Va.
minutes time.
Langley
Ashbrook
Floyd, Ark.
The* SPEAKER. Who is to control the time ?
Legare
Focht
Barchfeld
Mr. FOSTER. I would ask that I be permitted to control Bartholdt
Levy
Foss
Lindsay
Fuller
one half and any gentleman who may be opposed to the bill Bates
Littleton
Gardner, N. J.
Bathrick
control the other half.
Lloyd
Berger
Gillett
The SPEAKER. Who is the chief opponent of this bill? The Boehne
Loud
Goeke
McCoy
Gould
gentleman from Illinois asks unanimous consent that general Borland
McHenry
Gray
Bradley
debate on this bill be confined to 1 hour and 30 minutes. Is Burke, S. Dak.
McMorran
Gregg, Pa.
there objection?
Guernsey
Madden
Burleson
Hamill
Calder
Malby
Mr. SISSON. Mr. Speaker, I object.
Cantrill
Hamilton, W. Va. Mann
Mr. MARTIN o f Colorado. I was going to reserve the right Catlin
Matthews
Hanna
Clark, Fla.
Harrison, N. Y.
Mays
to object.
Moon, Pa.
Hartman
Mr. FOSTER. Then, Mr. Speaker, I move that general de Clayton
Moore, Tex.
Connell
Haugen
bate close in two hours.
Morrison
Heald
Cooper
Several M embers. Make it an hour and a half.
Copley
Helm
Mott
Nelson
Higgins
Mr. FOSTER. I ask to modify that by making it 1 hour and Covington
Norris
Cox, Ind.
Hill
SO minutes.
Olmsted
Cox, Ohio
Hinds
O’Shaunessy
The SPEAKER. The gentleman from Illinois moves that all Crago
Hobson
Padgett
Houston
Cravens
general debate on this bill close in 1 hour and 30 minutes.
Pepper
Curley
Hubbard
The question was taken, and the Speaker announced the ayes Currier
Pickett
Hughes, N. J.
Curry
Hughes, W. Va.
Plumley
seemed to have it.
Jackson
Porter
On a division (demanded by Mr. M artin of Colorado) there Daugherty
Randell, Tex.
James
De Forest
were—ayes 58, noes 6.
Johnson, Ky.
Ransdell, La.
Denver
Sir. SISSON. Mr. Speaker, I make the point of order that Dickson, Miss.
Johnson, S. C.
Redfield
Reyburn
Kendall
Dodds
there is no quorum present.
on March 24, 1832, and under or by virtue of the treaty between
the United States of America and the Creek Tribe or Nation
of Indians of the 9th day of August, 1814; and
H. J. Res. 319. A joint resolution making appropriations to
supply deficiencies in the appropriations for contingent ex
penses of the Senate and House of Representatives for the
fiscal year 1912, and for other purposes.
The SPEAKER. Evidently there is no quorum present. The
Doorkeeper will close the doors, the Sergeant at Arms will no
tify absentees, and the Clerk will call the roll.
The question was taken; and there were—yeas 234, nays 6,
answered “ present ” 10, not voting 142, as follow s:
Adair
Ainey
Akin, N. Y.
Alexander
Ames
Anderson, Minn.
Ansberry
Anthony
Austin
Ayres
Barnhart
Bartlett
Beall, Tex.
Bell, Ga.
Blackmon
Booker
Bowman
Brantley
Broussard
Brown
Buchanan
Bulkley
Burgess
Burke, Pa.
Burke, Wis.
Burnett
Butler
Byrnes, S. C.
Byrns, Tenn.
Callaway
Campbell
Candler
Carlin
Carter
Cary
Claypool
Cline
Collier
YEAS— 234.
Conry
Godwin, N. C.
Crumpacker
Goldfogle
Cullop
Good
Dalzell
Goodwin, Ark.
Danfortk
Graham
Davis, Minn.
Green, Iowa
Davis, W. Va.
Greene. Mass.
Dent
Gregg, Tex.
Dickinson
Griest
Dies
Gudger
Difenderfer
Hamilton, Mich.
Dixon, Ind.
Hamlin
Donohoe
Hammond
Doremus
Hardwick
Doughton
Hardy
Draper
Harris
Driscoll, D. A.
Harrison, Miss.
Dupre
Hawley
Edwards
Hay
Ellerbe
Hayden
Esc’
n
Hayes
Estcpinal
Hellin
Evans
Helgesen
Faison
Henry, Conn.
Fergusson
Henry, Tex.
Ferris
Hensley
Finley
Holland
Fordney
Howard
Fornes
Howell
Foster
Howland
Fowler
Hughes, Ga.
Francis
Hull
French
Humphrey, Wash.
Gallagher
Humphreys, Miss.
Gardner, Mass.
Jacoway
Garrett
Jones
George
Kahn
Glass
Kennedy
Kinkaid, Ncbr.
Kitchin
Knowland
Konop
Kopp
Korbly
Lafean
Lafferty •
La Follette
Lamb
Langham
Lawrence
Lee, Ga.
Lee, Pa.
Lenroot
Lever
Lewis
Lindbergh
Linthicum
Littlepago
Lobeck
Longworth
McCall
McCreary
McDermott
McGillicuddy
McGuire, Okla.
McKellar
McKenzie
McKinley
McKinney
McLaughlin
Macon
Maguire, Nebr.
Maher
Martin, S. Dak.
Miller
Moon, Tenn.
M
oore, Pa.
Morgan
Morse, Wis.
Moss, Ind.
M
urdock
Murray
Needham
Neeley
Nye
Oldfield
Palmer
Parran
Patten, N. Y.
Patton, Pa.
Payne
Peters
Post
Pou
Powers
Pray
Prince
Mat 29,
Prouty
Pu.io
Rainey
Raker
Rauek
Rees
Reilly
Richardson
Robinson
Roddenbery
Rodenberg
Rothermel
Rubey
Rucker, Colo.
Sabath
Sells
Shackleford
Sharp
Sherwood
Simmons
Sims
Tribble
Turnbull
Underhill
Utter
Volstead
Warburton
Watkins
Wedemeyer
Weeks
Whitacre
White
Wickliffe
Wilder
Willis
Wilson, N. Y.
Wilson, Pa.
Witherspoon
Young, Kans.
Young, Tex.
Sisson
Underwood
Roberts, Mass.
Roberts, Nev.
Rouse
Rucker, Mo.
Russell
Saunders
Scully
Sheppard
Sherley
Sfemp
Small i
Smith, J. M. C.
Smith, Sami. W.
Smith, Cal.
Smith, N. Y.
Sparkman
Stack
Stanley
Stedman
Stevens, Minn.
Sulzer
Switzer
Taylor, Ohio
Thayer
Thomas
Townsend
Tuttle
Vare
Vreeland
Webb
Wilson, 1 1
1.
Wood, N. J.
T
Woods, Iowa
Young, Mich.
So the motion to close debate was agreed to.
The Clerk announced the following pairs:
For the session :
Mr. A damson with Mr. Stevens of Minnesota.
Mr. H obson with Mr. F airchild .
Mr. U nderwood with Mr. M a n n .
Mr. F ornes with Mr. B radley.
Mr. R ioedan with Mr. A ndrus.
Until further notice:
Mr. S mall with Mr. W ilson o f Illinois.
Mr. Sulzeb with Mr. W ood of New Jersey.
Mr. T ownsend with Mr. Y oung of Michigan.
Mr. W ebb with Mr. M cM orran.
Mr. S m ith of New York with Mr. K endall.
Mr. Johnson of Kentucky with Mr. M ott.
Mr. K indred with Mr. N elson.
Mr. K inkead of New Jersey with Mr. P ickett .
Mr. K onig with Mr. Plum ley .
Mr. L egare with Mr. P orter.
Mr. L evy with Mr. R eyburn .
Mr. L loyd with Mr. R oberts of Massachusetts.
Mr. M cCoy with Mr. R oberts of Nevada.
Mr. O’S h a u n e s sy with Mr. Samuel W. S m it h .
Mr. Padgett with Mr. S witzer .
Sir. Pepper with air. V reeland.
Mr. R edfield with air. V are.
air. R ussell with air. Guernsey .
air. H ughes of New Jersey with air. Mat t h e w s .
air. H elm with air. K ent .
air. H ouston with air. aiooN of Pennsylvania,
air. G regg of Pennsylvania with air. H ill .
air. H amilton of West Virginia with Mr. H ughes of West
Virginia.
air. H arrison of New York with air. Jackson .
* air. Gould with air. H inds .
CONGRESSIONAL RECORD— SENATE.
1912
litical organization than the connivance and council of a few.
Men conceive that they are leaders, and they will select two or
three men or Senators and get them off in a coterie and agree
upon something without knowing whether or not other Senators
agree with them. They can not make it work. There will
always be found in the party men who can be Republicans with
out the support or without the consent of any other man, who
do not need the approbation of any men or any man or any
coterie of men to be loyal and true Republicans.
I have seen it in other days in this body when just a few who
had made the mistake of thinking that they were—what was it
they used to call themselves; they had a name, topnotchers, I
guess— conceived the idea that they were running the Govern
ment. I have seen them go down to defeat many and many a
time because of it. I want to know something of the idea of
every man with whom I am to act in cooperation in politics. I
do not allow any man to go off by himself and formulate the
destiny of any measure and carry it out. I may agree with
him, and if I do I will not vote against my judgment because
he lias offended, but I will be on the alert.
Mr. President, those remarks are addressed to those who are
responsible for the prophesied defeat of the Republican Party
in the vote that will come to-day. It is said that they will vote
•against the Democratic bill and then the Democrats will con
demn their bill openly and candidly and come back and take
the bill that they voted against only yesterday and enact it as
a Democratic measure— condemn it to-day and approve it to
morrow. For what? How? Is power to be desired above prin
ciple? Consider that. There was a scene enacted here not long
ago similar to the one I have described. Do you suppose that
the country—the thinking, intelligent people of this country—
approve of'that? That is jockeying, political jockeying, and it is
just as reputable here as it is on the race course, and no more
so. It is high time we understood it.
In the best days of this Government, in the most responsible
days of this Government, it would not have been tolerated for
a moment. The opinion of the Senate would have condemned
it as the opinion of the country would have condemned it. I
am now talking to all the Republicans and all the Democrats.
I am not talking against time. I propose that whatever may
happen in the vicissitudes of life to leave permanently here a
condemnation of that kind of legislation. I intend to leave of
record here my appeal—and it comes from my heart and my
judgment—to those who are stepping out of the Republican or
ganization, to do what? To lay the foundation of a new party?
Great heavens, they certainly have not so wild a dream as that!
A new party made of what? Made up of Republicans? Such a
thing is absolutely impossible.
There is no possible destiny for that movement but oblivion.
There is the possibility remaining to those who have engaged
in it of regaining and holding and attaining in the Republican
Party the place and power and eminence for which their
natural qualifications fit them well. The party in its time has
overlooked the political lapse or transgression of many a man.
We have had great leaders who in hours o f unwisdom came
pretty near making mistakes, but I will tell you that an honest
confession of error is one of the best recommendations to a man
in public life.
I may not be able to have any influence on this vote; I do not
know; but I will not believe it until the vote is cast; I am not
going to lose my faith in principle arrayed against whatever
else you may call it until the evidence is made of eternal record
ond the final judgment is entered. There are men engaged in
this defection for whom I had estimated leadership and high
honors; they are not men whom I condemn personally or indi
vidually; I could name many of them, and they have the ca
pacity for great positions. The question is, Are they going to
throw it away?
The position to-day is like that of 1872. There is no monu
ment in this country to the achievements or memory of Mr.
Porney, who owned, edited, and conducted the Philadelphia
Press during the war, that brought such distinguished honor
to him, and who aspired to be a Senator of the United States,
and who, because of his discontent, followed off in the Greeley
movement. There is no monument to Gov. Curtin, of Pennsyl
vania, who had won a high place in the estimation of the
American people by his splendid administration of the affairs
of the State during the great crisis, and yet he started out to
sea in his little boat. He was going to draw the continent
after him. He was going to compel the approval of men. He
Went down into oblivion.
Mr. President, I wish there were weeks instead of hours to
dapse between this time and the vote upon the pending bill. I
wish that men might go into council with themselves and
thrash it out, as we all must do at intervals in our life great
X L VIII
4G7
7425
questions that affect our destiny. But unfortunately this is
the hour of passion. It is not the hour of judgment. Many a
man, if he could have thinking time, would save himself and
his position and his party against error.
Mr. President, I heard the testimony of these representatives
of industry before the Committee on Finance of this body, and
it was nearly all directed to the large producer. I was im
pressed with the mistake at that time, as I have always been
impressed with it. I have in my library all the hearings and
proceedings in connection with the great McKinley bill, and
with the Dingley bill, and I read them from end to end—every
one of them. I first commenced my studies of this question of
political policy under the tutorship of Henry C. Carey, than
whom no greater disciple of Republicanism ever lived.
When I was a boy I read his book until I wore it out, and I
have followed all that has followed on that subject—the pro
ceedings in Congress and out of it—and I know that when we
abandon that principle even a little we are giving away just
that much of the rights of the American people.
It is with a feeling of dread that I see this measure come
to a vote—not this first vote; this first vote will be harmless,
but it is with a feeling of dread that I see the Republican
Party fluke in the hour of responsibility and put itself in the
position of explanation when it ought to be the master and
recognized as such. That is true not only with this schedule,
but those that will come teeming up like horrors to confront us
throughout this session. It gives me a feeling of dread to
know that there is a policy here as to which the Republican
Party is goiug to take to the woods. It is going to get behind
trees so that it shall not be seen when the hour of respon
sibility comes. My dread is not for the future so much as the
present conditions by which we must be confronted within a
few brief months, because I know that there are Republicans in
the United States intelligent enough and brave enough to fight
for the principles of their party as they did in 189G, when the
leaders who sent the party down under the waves of defeat in
1S92 were drowned in the sea of political—pretty near, coward
ice, under the threat of the Democracy; and I know that when
the old ship comes up again there will be new commanders on
her deck, new men at her wheel and at her guns, and that the
chart and the compass will be in the hands of men who know
how to point the Ship of State to the destiny of success.
But between now and then what confronts us? A condi
tion of legislation that is not only a menace to-day, but will be
a realization when the Democratic Party shall have compared
American citizenship and American industry with those of
other lands and rendered their judgment in favor of those of
other lands, and when there will be an interrogation point be
fore every proposition of industrial enterprise. I can see that
confronting us, with all the consequences that will follow the
four years. At my time of life I look upon it as n desperate
situation—and that it should be brought about in the face of a
Republican majority by a defection of men who have no sub
stitute to offer, only just that the tantalizing wedge may slip
on either bevel to one party or the other, voting with the Demo
crats to-day and against them to-morrow and with them another
day and so on—when there is no necessity for such a desperate
condition to arise, to see it pressing on us, as the hands of the
clock move, we have only the satisfaction—aye, we have no
satisfaction, except in the knowledge that at the end of the
administration that is to follow there will come the ledemption
of the people.
Miv MARTIN of Virginia. I suggest the absence of a
quorum.
The PRESIDENT pro tempore. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
sir names:
answered to
Askurst
Bacon
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
Cullom
Cummins
Curtis
Fletcher
Foster
Ballinger
Gardner
Gronna
Ileyburn
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kern
Lippitt
Lodge
Mr. REED.
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
O’Gorman
Oliver
Overman
Page
Paynter
Penrose
Perkins
Pomerene
Rayner
Reed
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Thornton
Tillman
Townsend
Watson
Williams
Works
I wish to announce that my colleague [Mr.
He is paired upon the pending
bill with the Senator from Wyoming [Mr. Clark ].
The PRESIDENT pro tempore. . Sixty Senators have an
swered to their names. A quorum is present. If there be no
Stone] is necessarily absent.
CONGRESSIONAL RECORD— SENATE.
7426
further amendments to be offered as in Committee o f/th e
Borah
Whole, the bill will be reported to the Senate.
Bourne
The bill was reported to the Senate as amended, and the Bradley
Bristow
amendments were concurred in.
The amendm ej).^. w orp o rd e red to Ite^eWjV WWP'Wwd. Hite b ill
bufcl t im e ,
i r d tin:
Burnham
Burton
NAYS— 22.
McOumber
Cullom
McLean
Cummins
Nelson
Dillingham
Oliver
Gallinger
Heyburn
Page
Perkins
Jones
NOT VOTING—38.
Lea
Curtis
Lippitt
Davis
Lodge
Dixon
Lorimer
du Pont
Nixon
Fall
Owen
Foster
Penrose
Gamble
Poindexter
Guggenheim
Richardson
Kenyon
La Follette
Root
Mat 30
Sanders
Smoot
Townsend
Works
X
Tie bill was read the third time.
Smith, Mich
iBailey
Smith, S. C
.
®9nklic9,(l
The PRESIDENT pro tempore. The question is, Shall
Brandegee
Stephenson
bill pass?
Stone
Briggs
Brown
Sutherland
Mr. SIMMONS. On that I ask for the yeas and nays. \
Swanson
Catron
and nays were ordered, and the Secretary proceeded Clapp
Warren
to call the r
Wetmore
Clark, Wyo.
Crane
Mr. CLARK of Wyoming (w _______,
have a general pair with the senior Senator from Missouri iMr. Crawford
Stowe]. In the absence.of that Senator, I withhold my vote?\ | So the bill was passed.
^
PROPOSED TARIFF LEGISLATION.
The PRESIDENT pro tempore. The Chair so understood it "\
by having the title read. The Chair will formally lay before
\ Mr. XEW I jA A U v - B r u M O e h f , during the consideration
the Senate the bill.
qf the metal schedule I presented an amendment providing f0,.
The S e c r e t a r y . A bill (II. R. IS642) to amend an act entitled
a sliding reduction in all tariff duties at the rate of lo per
“An act to provide revenue, equalize duties, and encourage the
cent the first year and 5 per cent per annum for the four years
industries of the United States, and for other purposes,” ap
following, making a total reduction of 30 per cent. That amend
proved August 5, 1909.
ment was provided with a brake intended to stop the reduction
The PRESIDENT pro tempore. The bill is before the Senate
whenever the importations reached a certain percentage.
as in Committee of the Whole and open to amendment.
_
The Senator from North Carolina [Mr. S i m m o n s ] requested
V^eral pair with the senior Senator from Alabama [Mr, B an k - me to withdraw the amendment and to present it to some other
H ead J
.. I do not see him in the Chamber.
sav that revenue bill, in order that it might be considered by the Fi&aUoe
if he were pr^ent aud'^^wewwt'fflnyfiy^ovote, I would vote Committee, and I took action pursuant to his suggestion, j
“ nay."
now offer that amendment, which is intended to be proposed to
Mr. LIPPITT (when his name was called). I have a general any revenue bill or bill amending the present tariff act, and I
pair with the senior Senator from Tennessee [Mr. L e a ] . I f he will ask that it be printed in the R e c o r d .
were present and I were at liberty to vote, I would vote “ nay.”
The PRESIDENT pro tempore. The Chair would suggest to
Mr. JONES (when Mr. P o i n d e x t e r ’ s name was called). My the Senator from Nevada that it will be necessary to state some
colie gue [Mr. P o i n d e x t e r ] is necessarily absent. As an bill to which it is proposed as an amendment. Otherwise the
nounced by the senior Senator from Kansas [Mr. C u r t i s ] , my amendment could not have any status.
colleague is paired with that Senator. I f my colleague were
Mr. NEWLANDS. Well, I will offer it to the excise bill.
present, he would vote “ yea.”
There being no objection, the amendment was referred to the
Mr. SMITH of Georgia (when his name was called). I have Committee on Finance and ordered to be printed in the R ecord
a general pair with the senior Senator from Nebraska [Mr. as follows:
’
B r o w n ].
I transfer that pair to the junior Senator from South
Amendment intended to be proposed by Mr. N e w l a n d s to the bill (H. r
21214) to extend the special excise tax now levied with respect to
Carolina [Mr. S m i t h ] and vote. I vote “ yea.”
doing business by corporations, to persons, and to provide revenue for
Mr. TOWNSEND (when the name of Mr. S m i t h o f Michigan
the Government by levying a special excise tax with respect to doing
was called). The senior Senator from Michigan [Mr. S m i t h ]
business by individuals and copartnerships.
is unavoidably detained from the Senate on business of the Whereas certain of the duties heretofore levied by law on articles im.
ported from foreign countries into the United States are so high as
Senate.
to encourage and facilitate the imposition of excessive prices f0»
The roll call was concluded.
similar articles of domestic production ; and
Mr. GORE. I wish to announce that my colleague [Mr. Whereas such excessive duties fail to produce sufficient revenue ; and
both the Republican and Democratic parties have, by declara
O w e n ] is necessarily detained from the Chamber.
I f he were Whereas in their respective platforms, committed themselves to a re
tions
present, he would vote “ yea.” He is paired with the senior
vision of tariff duties, the former to a revision based on the ascer"
tainment of the difference in the cost of production at home and
Senator from South Dakota [Mr. G a m b l e ] .
abroad with a fair profit to the manufacturer and the latter to a re
Mr. BRISTOW'. I desire to state that the junior Senator
vision and gradual reduction of the tariff to a revenue basis; and
from South Dakota [Mr. C r a w f o r d ] is detained from the Sen Whereas both parties have declared that such revision should be ac
complished with a due regard to the interests of domestic w
orkers
ate. If he were here, he would vote “ nay.” He is paired with
and without destructive readjustments of domestic industries; and S
the junior Senator from Arkansas [Mr. D a v i s ] .
Whereas neither of such parties is in complete control of legislation
Mr. HEYBURN. I desire to transfer my pair to the junior
and either party is able to prevent the other from carrying out oon
T
pletely its principles and policies, and compromise is therefore do"
Senator from Illinois [Mr. L o r i m e b ] and vote. I vote “ nay.”
sirable and necessary, in order to prevent a deadlock in legislation
Mr. CUMMINS. My colleague [Mr. K e n y o n ] is necessarily
prejudicial to the interests of the United States : Now, therefore'
B e i t e n a c t e d : S e c t io n 1. That on the 1st day of January, l<m
absent. If he were here, he would vote “ nay.”
reduction of 10 per cent shall be made in the duties now imposed T?
M r . REED.
My colleague [Mr. S t o n e ] is necessarily absent. law on articles imported into the United States from foreign countries
I f he were present, he would vote “ yea.” He is paired, how and that on the 1st day of January of each year thereafter for the
ever, during his absence with the senior Senator from Wyoming period of four years a further reduction of 5 per cent shall he made ™
such duties until a total reduction of 30 per cent in such duties shnii
[Mr. C l a r k ] .
he made: P r o v i d e d , h o w e v e r , That such reductions shall not apply tit
Mr. FOSTER (after having voted in the affirmative). May duties on articles which have been specifically fixed by law at thisspif
sion of Congress or shall be hereafter specifically fixed by law • A n n
I inquire if the junior Senator from Wyoming [Mr. W a b r e n ]
p r o v i d e d f u r t h e r . That such reductions shall not apply to duties on
has voted?
articles the importations of which during the previous fiscal year have
The PRESIDENT pro tempore. The Chair is informed that equajed one-tenth of the production of similar articles in the Unite!
he has not.
States
Sec. 2. That the ascertainment of the facts upon which the foregom
o.
Mr. FOSTER. I have a general pair with that Senator, and
provisions shall take effect shall be made by a tariff com ission*5con
m
I withdraw my vote.
sisting of five members, to be appointed by the President, by and witii
Mr. CLARK of Wyoming. I desire to state that my col the advice and consent of the Senate, of whom no more than three
belong to the same party;
the terms of the
league [Mr. W a r r e n ] i s necessarily absent from the Senate on shall be one, two, three, four, and that years, respectively ;commissioners
shall
five
and that the
business of the Senate.
President in appointing such commissioners shall designate the terms of
each that
,
Mr. JOHNSTON of Alabama. I wish to announce that the shall ;be for at the expiration of such terms the term of each success™
the period of five years.
ur
junior Senator from Texas [Mr. B a i l e y ] is paired with the
Mr. NEWLANDS submitted tlie following amendment, in
senior Senator fj^pii^MoTTtttrrtufMrr IJix q n ].
tended to be proposed by bini to House bill 21213, w i ’h
hcwas
The res
referred to the Committee on Finance and ordered to be
YEAS—35.
printed i n the R e c o r d , as follow s:
■r ^
Ashurst
Bacon
Bryan
Chamberlain
Chilton
Clarke, Ark.
Culberson
Fletcher
Gardner
Gore
Gronna
Hitchcock
Johnson, M
e.
Johnston, Ala.
Kern
Martin, Va.
Martine, N. J.
Myers
Newlands
O’Gorman
Overman
Paynter
Percy
Pomerene
Rayner
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Thornton
Tillman
Watson
Williams
Amendment intended to be proposed by Mr. N e w l a n d s to the mu
(H. R. 21213) to amend an act entitled “An act to provide revenue
equalize duties, and encourage the industries of the United States’
and for other purposes,” approved August 5, 1909. Insert the fni’
lowing:
***■
Whereas certain of the duties heretofore levied by law on articles im
ported from foreign countries into the United States are so hDh
to encourage and facilitate the imposition of excessive prices fm
!
similar articles of domestic production ; and
r
1912.
CONGRESSIONAL RECORD— SENATE.
it was located in any other State, nor would it make any differ
ence to the Senator. I simply submitted the subject of a game
presepKT'"Oteing established in this country at an expense of
ItK^as/against a proposition involving this bureau or divif o n y W h e Agricultural I>eu^*wrrrt 'which wojtfd be of so
rnn\m
i
take^jfct to. the/^fu2K 3 -ftf JJie«jy>u
eC
\T pro tempore. Does tlxo^jjrnajtor from
pres
Senatyf’ from Idaho?
fa yield
Id. *
FI,E8"
the /loci'
Hr. 1
5
>t originate in the House and
)verec
Senate, irom whom did the strength come
was n _
get there and stay there? It is one of those
which eyfihl
re been put in words by the department to
things
rtmenlys running th e jtill.
show
Mr
Mr. BOlLvSfS^T
a ^ena^^a^mulinent.
Mr. F L E /q p g H
Mr. BORAH. ' The sSme thing is true with reference to the
amendment on page 68.
Mr. FLETCHER. Amendment 117, page CS.
Mr. BORAH. Almost every amendment that had to do
with the creation of additional game reserves for bison, elk,
and so forth, carrying large appropriations, passed through
without any criticism or any objection, and almost every im
portant amendment which had to do with extending addi
tional rights to the agricultural interests has been defeated.
Now, that is the condition in which we are passing this bill
through the Senate. Wo are appropriating here $100,000 for
game reserves and cutting out a question of markets, which is
of coucern to all the agricultural interests of the country. It
simply demonstrates what is written upon the face of the bill
so radically and conclusively that it can not be controverted—
that the department is amending and is passing this measure.
Mr. FLETCH ER . I, of course, Mr. President-----Mr. WARREN. Will the Senator yield to me?
The PRESIDENT pro tempore. Does the Senator from
Florida yield to the Senator from Wyoming?
Mr. FLETCHER. Certainly.
Mr. WARREN. The Senator from Idaho knows as well as
I do that in every appropriation supply bill it commences with
and is founded upon the estimates of the departments. It is
the duty of departments to estimate, and it is not only con
sidered a duty but an aid and privilege to Congress that they
have those estimates so as to have what the department idea is
of what is required.
Mr. BORAH. I concede that proposition, but the manner of
making estimates and sending them to Congress for the con
sideration of its Appropriation Committees is a different propo
sition from a department putting its ban upon one amendment
or its approval upon another.
Mr. FLETCHER. I was going to say. Mr. President, that
I have no idea where that amendment originated or where the
amendment originated establishing a game preserve at the
Wind Cave National Park, in the State of South Dakota. I
do not mean to say that I am opposed to either one of them,
but, on the contrary, I value the interest taken by the Agri
cultural Department and the information it furnishes. I do
wot for one instant mean to intimate that they have suggested,
anything that was not for the public good and in the public
interest. I do not mean to intimate that either o f these amend
ments is not proper. I favor both of them. I am in favor
° f the game preserve in Wyoming for the elk and the game
preserve in South Dakota for the buffalo. I think it well to take
care of that condition. I am not criticizing that. I am not criti
cizing anybody who offered the amendment, but I do submit that
whereas the conferees have been able to maintain their position
with regard to a great majority of the amendments madelby the
Senate they have given up a number of them, and that as com
pared with the amendments for game preserves the amendment
°n page 70 providing for this division of markets in the Agri
cultural Department, the latter is of vastly more importance to
the whole country in my judgment.
Mr. BURNHAM. Mr. President, I wish to say in regard to
the amendment passed here to the appropriation bill that .
Senate committee had that same bill before it and repor
Jt favorably, and it is upon the calendar. It was regarded
;l matter in which there was so much legislation that it couli
he better considered by the Senate when the bill on that report
should be presented to the Senate. So it was thought best not
W place a matter of legislation of this sort into an appropria
tion bill where there was less opportunity for its discussion,
und it was left for the Senate at some future time to consider
the rhole matter. That is one reason why the amendment was
74 5 1
not iigreed to Of course there was other objection m afre,^
conferees, but that is one of the considerations that enter tK .
ro
into the question.
The PRESIDENT pro tempore. The question is on the mo
tion to agree to the report of the committee of conference.
[Putting the question.] The noes appear to have it.
Mr. WARREN. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BAILEY (when his name was called). I have a pair
with the Senator from Montana [Mr. D i x o n ] . In his absence
and without his authority I do not feel at liberty to vote.
Mr. LIPPITT (when his name was called). I am paired with
the senior Senator from Tennessee [Mr. L e a ] . If he were
present and I were at liberty to vote, I would vote “ yea.”
Mr. RICHARDSON (when his name was called). I have a
general pair with the junior Senator from South Carolina [Mr.
S m it h ].
I will transfer that pair to the junior Senator from
Illinois [Mr. L o r i m e r ] and vote. I vote “ yea.”
Mr. SMITH of Arizona (when his name was called). I have
a general pair with the Senator from New Mexico [Mr. F a l l ] ,
except as to votes on the tariff measures, on which I am not
paired, and reserve the right to vote, and certain executive
matters that I will mention in executive session.
Mr. SWANSON (when his name was called). I beg to in
quire if the junior Senator from Nevada [Mr. N i x o n ] has
voted?
The PRESIDENT pro tempore. He has not.
Mr. SWANSON. I have a general pair with that Senator, and
consequently I withhold my vote. If he were present, I should
vote “ nay.”
Mr. WATSON (when his name was called). On account of
my general pair with the senior Senator from New Jersey
[Mr. B r i g g s ] , I withhold my vote.
Mr. WILLIAMS (when his name was called). I have a
pair with the senior Senator from Pennsylvania [Mr. P e n r o s e ] ,
and therefore withhold my vote.
The roll call was concluded.
Mr. IIEYBURN (after having voted in the negative). I in
quire whether the senior Senator from Alabama [Mr. B a n k h e a d ] has voted?
The PRESIDENT pro tempore. The Chair is informed that
he has not.
Mr. IIEYBURN. I am paired with that Senator.
Mr. JOHNSTON of Alabama. I will say to the Senator from
Idaho I am satisfied my colleague, the senior Senator from Ala
bama, would vote as he would vote.
Mr. IIEYBURN. Then I am at liberty to vote, and my vote
will stand.
Mr. GALLINGER. I was requested to announce that the
Senator from Colorado [Mr. G u g g e n h e i m ] is paired with the
Senator from Kentucky [Mr. P a y n t e r ] .
Mr. BRISTOW. _J-Mes1re f b announce t h a t t f t e j u n i o r Senator
from South Dakota [Mr. C r a w f o r d ] i s n e c e s s a rilys^bsent from
the Cham
kansas A . D avis ].
Tiu?'result was announced —yeas 27, nays 36, as followV;
Bourne
Bradley
Brown
Burnham
Burton
Chamberlain
Crane
Ashurst
Bacon
Borah
Bristow
Bryan
Catron
Chilton
Clapp
Clark, Wyo.
Bailey
Bankhead
Brandegee
Briggs
Clarke, Ark.
Crawford
Cummins
Davis
YEAS— 27.
McLean
Page
Percy
Perkins
Richardson
Root
Sanders
NAYS— 36.
Kern
Culberson
Martin, Va.
Fletcher
Martine, N. J.
Foster
Myers
Gardner
Nelson
Gore
Oliver
Ileyburn
Overman
Hitchcock
Poindexter
Johnston, Ala.
Pomerene
Jones
NOT VOTING— 32.
Lippitt
Dixon
Lodge
Fall
Lorimer
Gamble
Newlands
Gronna
Guggenheim
Nixon
Kenyon
O'Gorman
Owen
La Follette
Paynter
Lea
Cullom
Curtis
Dillingham
du Pont
Gallinger
Johnson, M
e.
McCumber
\
\
Smith, Mich.
Smoot
Stephenson
Townsend
Warren
Wetmore
\
\
.
Raynor
Reed
Shively
Simmons
Smith, Ga.
Stone
Sutherland
Tillman
Works
Penrose
Smith, Ariz.
Smith, Md.
Smith, S. C.
Swanson
Thornton
Watson
Williams
/
/
/
A
jr
So the conference report was rejected,
r. GALLINGER. Does the conference report aut^fnatically
v to the committee, Mr. President?
The T<I£ESIDENT pro tempore. The Chaip would say un
doubtedly > < I t will take some further- fiction on the* part
of the Senate teT^tnipliuli Hint,
CONGRESSIONAL RECORD— SENATE
Mr. GALLIN6ER. That is'what I thought.
Mr. FLETCHER. Mr. President, I move that the Senate
further insist upon its amendments to the bill disagreed to by
the House of Representatives and ask for a further conference
with the House thereon.
Mr. WARREN. Mr. President, I believe it is usual for such
a motion to be made by the Senator in charge of the bill. It
is the custom for that Senator to make whatever motion may
be necessary for disposing of a bill that is in his charge.
Mr. FLETCHER. I, too, supposed that was customary, Mr.
President, but nobody seemed to be doing i t ; and as it seemed
to be going by default, I thought I would make the motion.
Mr. BURNHAM. I will make the two motions which, I
understand, are usual in such cases. I move that the Senate
further insist upon its amendments and that the report be re
committed to the committee of conference.
The PRESIDENT pro tempore. The Senator from New
Hampshire moves that the Senate further insist upon its
amendments disagreed to by the House of Representatives
and ask for a further conference with the House thereon.
The motion was agreed to.
By unanimous consent, the President pro tempore was au
thorized to appoint the conferees on the part of the Senate, and
Mr. B u r n h a m , Mr. W a r r e n , and Mr. B a n k h e a d were ap
pointed.
Mr. WARREN. I desire to say that I am of course subject
to the disposition of the Senate and I desire to do its bidding;
but at the present time, with the pending appropriation bills
and with constant calls upon my time, if I am placed upon the
board of managers on this bill in a new conference, I am afraid
that I can not give it the immediate attention that perhaps the
Senate may require. I am therefore perfectly willing to step
aside.
Mr. CHAMBERLAIN. Mr. President, I desire to express the
hope that the Senator from Wyoming will not ask to be ex
cused and that he will not be excused from serving on the con
ference committee.
The PRESIDENT pro tempore. The Senator from Wyoming
has not presented any application to that effect.
Mr. WARREN. Mr. President, I only desired to say to my
colleagues that, if immediate attention to this matter is re
quired, I can not attend to it without neglecting other impor
tant public business. I am willing to do the work. I want
simply to give notice to the Senate; and if they wish to put
• another in my place it will be perfectly satisfactory to me.
Mr. BURNHAM. I should regret it exceedingly if the Sen
ator from Wyoming should withdraw from the conference
committee, I sincerely hope that he will continue to remain a
member of it.
REPORTS OF COM M ITTEES.
Mr. JONES, from the Committee on Public Lands, to which
was referred the bill (S. 495S) to accept the cession by the
State of Washington of exclusive jurisdiction over the lands
embraced within the Mount Rainier National Park, and for
other purposes, reported it with amendments and submitted a
report (No. 825) thereon.
Mr. GALLINGER, from the Committee on the District of
Columbia, to which was referred the bill (S. 6545) to amend
section 558 of the Code of Law of the District of Columbia
relating to notaries public, reported it without amendment and
submitted a report (No. 826) thereon.
Mr. CHAMBERLAIN, from the Committee on Military A f
fairs, to which was referred the bill (S. 6636) to authorize the
President of the United States to appoint Robert II. Peck a
captain in the Army, reported it without amendment and sub
mitted a report (No. S27) thereon.
Mr. WATSON, from the Committee on Public Buildings and
Grounds, to which was referred the bill (S. 6341) to provide
for the erection of a public building at Weston, W. Va.‘, re
ported it with an amendment.
Mr. BRISTOW, from the Committee on Military Affairs, to
which was referred the bill (S. 1330) for the relief of Joseph
B. Riley, alias Thomas B. Keesy, reported it with an amend
ment and submitted a report (No. S2S) thereon.
Mr. SANDERS. I am directed by the Committee on Military
Affairs, to which was referred the bill (S. 14S5) for the relief
of William Mullally, to submit an adverse report (No. 829)
thereon.
Mr. POMERENE. I suggest that the bill go to the calendar.
The PRESIDENT pro tempore. The bill will be placed on the
calendar.
Mr. SANDERS, from the Committee on Military Affairs, to
which was referred the bill (S. 5949) for the relief of James
Danielson, submitted an adverse report (No. 830) thereon,
which was agreed to, and the bill was postponed indefinitely.
May 31
BILLS AND JOINT RESOLUTION INTRODUCED.
Bills and a joint resolution were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as follows:
By Mr. CLAPP (by request) :
A bill (S. 7017) to supplement an act to protect trade and
commerce against unlawful restraint and monopolies as ap
proved July 2, 1S90; to the Committee on Interstate Commerce
By Mr. BRISTOW (by request) :
A bill (S. 701S) to authorize the appointment of H arold
Hancock Taintor to the grade of second lieutenant in the
Army; to the Committee on Military Affairs.
By Mr. REED:
A bill (S. 7019) removing the charge of desertion from the
military record of Nelson Wilkinson and extending to him pen
sionable rights (with accompanying papers) ; to the Committee
on Military Affairs.
A bill (S. 7020) granting an increase of pension to Mary p
Hamersly (with accompanying papers) ; to the Committee on
Pensions.
By Mr. CHAMBERLAIN :
A bill (S. 7021) granting an increase of pension to Cyrenius
Mulkey (with accompanying papers) ; to the Committee on
Pensions.
By ill-. BROW N:
A bill (S. 7022) to subject the lands in the former Fort Nio
brara Military Reservation in Nebraska to homestead entry
(with accompanying paper) ; to the Committee on Public Lands
By Mr. TILLM AN:
A bill (S. 7023) granting a pension to Dora D. Walker (with
accompanying paper) ; to the Committee on Pensions.
By Mr. LODGE:
A bill (S. 7024) granting an increase of pension to Mary
Jones (with accompanying paper) ; to the Committee on Pen
sions.
By Mr. BROW N:
A bill (S. 7025) granting an increase of pension to Martha J,
Stephenson-; to the Committee on Pensions.
By Mr. McLEAN:
A bill (S. 7026) granting an increase of pension to Mary e .
Northend (with accompanying papers) ; to the Committee on
Pensions.
By Mr. HEYBURN:
A joint resolution (S. J. Res. 114) directing the Secretary of
the Interior to amend the patent issued to the State of Idaho
for lands described herein; to the Committee on Public Lands.
N A V A L ST A TIO N , K E Y W E S T , FL A .
Mr. BRYAN submitted an amendment proposing to appro
priate $5,500 for paving and grading on Whitehead, Front, and
Green Streets, at the naval station, Key West, Fla., intended to
be proposed by him to the naval appropriation bill (II. R.
24565), which was referred to the Committee on Naval Affairs
and ordered to be printed.
OMNIBUS CLAIMS BILL.
Mr. CRANE submitted an amendment intended to be proposed
by him to the bill (II. R. 19115) making appropriation for pay
ment of certain claims in accordance with findings of the Court
of Claims, reported under the provisions of the acts approved
March 3, 1883, and March 3, 1887, and commonly known as the
Bowman and the Tucker Acts, which was ordered to lie on the
table and to be printed.
Mr. SMITH of Michigan submitted an amendment intended
to be proposed by him to the bill (H. It. 19115) making appro
priation for payment of certain claims in accordance with find
ings of the Court of Claims, reported under the provisions of
the acts approved March 3, 1883, and March 3, 1887, and com
monly known as the Bowman and the Tucker Acts, which was
ordered to lie on the table and to be printed.
INDIAN APPROPRIATION BILL.
Mr. CLAPP. Mr. President, I wish to give notice that next
Tuesday, at the close o f the routine morning business, unless
some other appropriation bill is pending, I shall ask the Senate
to take up House bill 20728, the Indian appropriation bill.
THE OPIUM EVIL ( S. DOC. NO. 7 3 3 ) .
The PRESIDENT pro tempore laid before the Senate the fol
lowing message from the President of the United States, which
was read and, with the accompanying papers, referred to the
Committee on Foreign Relations and ordered to be printed..
To the Senate and House of Representatives:
I transmit herewith a communication of the Secretary of
State covering the report of the American delegation to the
International Opium Conference, held at The Hague from
December 1, 1911, to January 23, 1912.
CONGRESSIONAL RECORD— SENATE.
sey
h a v e a genB r ig g s ] ,
[Mr.
s '
letTT.*' I TiRvc a genPennsylvania [Mr.
nk if
f e e l at
7455
exceed 20 acres of unallotted tribal land within the Flathead Indian
Reservation at not less than its appraised price; said lands to he used
by the town of Uonan for school, park, or other public purposes : P r o
v i d e d , That the net proceeds received from the sale of said lands shall
be deposited in the Treasury of the United States to the credit of the
Flathead Indians and draw interest at the rate now provided by law,
and may thereafter be used for the benefit of said Indians.
Tlie amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, and passed.
Mr. CULLOM. I move that the Senate adjourn.
The motion was agreed to; and (at 5 o’clock and 55 minutes
p. m.) the Senate adjourned until to-morrow, Saturday, June 1,
1912, at 12 o’clock m.
___ vottr^rca.
led.
CURTIS. I wi&Y to announ^/ that tlie Senator from
Colorado [Mr. G u g g e n h e i m ] is paired witli tlie senior Senator
from Kentucky [Mr. P a y n t e b ] . Tliis will stand for tlie day.
NOMINATIONS.
Mr. HEYBURN (after having voted in the negative). I
voted, not knowing whether or not the Senator from Alabama
Executive nominations received by tlie Senate May 31, 1912.
[Mr. B a n k h e a d ] , with whom I a m paired, would be present.
S e c r e t a r ie s o f L e g a t io n s .
He has not voted. I therefore transfer my pair with that Sena
Alexander R. Magruder, of Maryland, now second secretary
tor to the junior Senator from Illinois [Mr. L o r i m e r ] , and will
of the embassy at Rome, to be secretary of the legation of the
allow my vote to stand.
Mr. BRISTOW. I desire to state that the Senator from United States of America at Lima, Peru, vice Roland B. Har
South Dakota [Mr. C r a w f o r d ] is necessarily absent. I f he vey, nominated to be secretary of the legation at Santiago.
Roland B. Harvey, of Maryland, now secretary o f the lega
were present, he would vote “ yea.” He is paired with the
tion at Lima, to be secretary of the legation of the United States
Senator from Arkansas [Mr. D a v i s ] ,
Mr. BURNHAM. I have a general pair with the Senator of America at Santiago, Chile, vice Paxton Hibben.
from Maryland [Mr. S m i t h ] . In his absence I withhold my
P r o m o t io n s i n t iie A r m y .
vote.
FIELD A R TILLER Y.
Mr. SMITH of Arizona. I announW ^ittjiair with t h e S e n a
Second Lieut. Marshall Magruder, Sixth Field Artillery, to be
tor from New Mexico [ M r . F a l l ] . I d o n o t B H t G V h o w h e w o u l d
first lieutenant from May 2S, 1912, vice First Lieut. Edwin
vote. I f I could v o t e , I w o u l d v o t e in f a v o r o f n f o a n e a s u r e .
Mr. POMERENE. The Senator from Maine [ M tS & a r d n e r ] De L. Smith, Fourth Field Artillery, detached from his proper
is not present, and I have been requested to a n n o u n c e p a i r command.
with the Senator from Massachusetts [Mr. C r a n e ] .
IN F A N T R Y A R M .
The result was announced—yeas 45, nays 11, as follow s:
Lieut. Col. John S. Mallory, Infantry, unassigned, to be colo
YEAS—45.
nel from May 2S, 1912, vice Col. William P. Evans, Infantry,
Martin, Ya.
Smith, Ga.
Clarke, Ark.
Ashurst
^assigned, retired from active service May 27, 1912.
Smith, Mich.
Bacon
Culberson
Martine, N. J.
Maj. Maury Nichols, Third Infantry, to be lieutenant colonel
Borah
Cullom
Myers
Smoot
fi%u May 28, 1912, vice Lieut. Col. John S. Mallory, unassigned,
Bourne
Curtis
Newlands
Stone
Bristow
Fletcher
Overman
Sutherland
promoted.
Brown
Gronna
Perkins
Tillman
C*>t. Matthias Crowley, Seventeenth Infantry, to be major
Bryan
Hitchcock
Poindexter
Townsend
fromsMay 28, 1912, vice Maj. Maury Nichols, Third Infantry,
Catron
Johnson, Me.
Williams
Pomerene
Chamberlain
Rayner
Works
Jones
promlked.
Chilton
Kern
Reed
First Lieut. Clifford U. Leonori, Eighteenth Infantry, to be
Clapp
Shively
Lodge
captaiafrom May 28, 1912, vice Capt. Matthias Crowley, Seven
Clark, Wyo.
McLean
Simmons
teenth £nfantry, promoted.
NAYS—11.
Bradley
Dillingham
du Pont
Bailey
yBank'head
Trandegee
AigRS
Burnham
BuiV)
Cranl,
Crawford
Cummin1
Davis
So the hi
Page
Gallinger
Percy
Ileyburn
Root
Oliver
NOT VOTING— 39.
Lea
Dixon
Lippitt
Fall
Lorimer
Foster
MeCumber
Gamble
Nelson
Gardner
Nixon
Gore
O'Gorman
Guggenheim
Owen
Johnston, Ala.
Paynter
Kenyon
Penrose
La Follette
Sanders
Wetmorc
Richardson
Smith, Ariz.
Smith, Md.
Smith, S. C.
Stephenson,
Swanson
Thornton
Warren
Watson
.jvas passed.
EXEC U TIVE
SE SSIO N .
Mr. CLARK o f Wyoming. I move that the Seiia^. frroceed
to 1lie consideration of executive business,
The motion was agreed‘ tti,'and tat 3 o’cloC'U and 30 minutes
P. m.) the Senate proceeded to the consideration of executive
business. After 2 hours and 20 minutes spent in executive
session the doors were reopened.
P U B L IC GROUNDS, B O N A N , M ON T.
Mr. MYERS. From the Committee on Indian Affairs I re
port back favorably, with an amendment in the nature o f a
Substitute, the bill (S. G946) authorizing the sale of certain
lands in the Flathead Indian Reservation to the town of Ronan,
State of Montana, for the purposes o f a public park and publicschool site, and I submit a report (No. S31) thereon. I ask
unanimous consent for the present consideration of the bill.
The PRESIDENT pro tempore. The bill will be read for
tlie information of the Senate.
The Secretary read the b ill; and there being no objection,
tbe Senate, as in Committee of the Whole, proceeded to its con
sideration.
Tlie amendment of the Committee on Indian Affairs was to
strike out all after the enacting clause and insert:
A p p o in t m e n t s
in
th e
A rm y.
IN F A N T R Y A R M .
Han Albert Musham, o f Illinois, to be second lieutenant of
Infai y, with rank from April 24, 1912.
m e d ic a l
reserve
corps.
first lieutenants in the Medical Reserve Corps, with rank
f rom May 29, 1912.
tTohn Seymour Cromwell Fielden, jr., o f Pennsylvania.
Norman Thomas Kirk, of the District of Columbia.
Fletcher Olin McFarland, of Minnesota.
Samuel King Carson, of Virginia.
Walter Wintlirop Ellis, o f Delaware.
Joe Wallace Fenn, o f Alabama.
George Washington Guthrie, of Pennsylvania.
Howard Hume, of the District of Columbia.
James Everett Kessell, of Iowa.
Harry Toulmin Lay, of Alabama.
John George Leitcli, of Pennsylvania.
Bernard Mann, o f Pennsylvania.
Jesse Garfield Maxon, of Illinois.
Arthur Monroe Mendenhall, of Rhode Island.
Bert Frank Ober, o f Pennsylvania.
Francis Oral Vicars, of Montana.
R e c e iv e r s o f P u b l ic
M on eys.
Nazari V. Gallegos, of New Mexico, to be receiver of public
moneys at Tucumcari, N. Mex. (Reappointment after change
from Territory to State.)
Benigno C. Hernandez, of New Mexico, to be receiver of pub
lic moneys at Santa Fe, N. Mex., vice Frederick Muller. (New
appointment after change from Territory to State.)
Harold Hurd, of New Mexico, to be receiver o f public moneys
at Roswell, N. Mex. (Reappointment after change from Terri
tory to State.)
Manuel Martinez, of New Mexico, to be receiver of public
hut the Secretary of the Interior be, and he is hereby, authorized, moneys at Clayton, N. Mex. (Reappointment after change from
In liis discretion, to sell and convey to the town of Ronan, Mont., under
such terms, conditions, and regulations as he may prescribe, not to Territory to State.)
7456
CONGRESSIONAL RECORD— HOUSE.
May 31 >
Mr. POU rose.
Enrique H. Salazar, of New Mexico, to be receiver of public
The SPEAKER. For what purpose does the gentleman from
moneys at Fort Sumner, N. Mex. (Reappointment after change
North Carolina rise?
from Territory to State.)
Mr. POU.' I want to ask the gentleman from Virginia a
R egisters of the L and O ffice.
question.
The SPEAKER. Does the gentleman from Virginia yield?
Charles C. Henry, of New Mexico, to be register of the land
Mr. HAY. Yes.
ofiice at Fort Sumner, N. Mex., vice Arthur E. Curren. (New
Mr. POU. I want to ask the gentleman if he is not willing
appointment after change from Territory to State.)
Charles L. Hunt, of New Mexico, to be register of the land that the rules be followed and that the claims bills be taken
office at Clayton, N. Mex., vice Edward W. Fox. (New appoint up to-day? I will say in that connection that I have been told
twice that an arrangement had been made by which the Com
ment after change from Territory to State.)
Royal A. Prentice, of New Mexico, to be register of the land mittee on Claims will be displaced. I do not know who has the
office at Tucumcari, N. Mex. (Reappointment after change from right to make such an arrangement; I certainly was not con
sulted, but I understand that an arrangement has been per
Territory to State.)
Manuel R. Otero, of New Mexico, to be register of the land fected whereby the Committee on Claims shall be displaced
office at Santa Fe, N. Mex. (Reappointment after change from to-day, and I rise to protest against it.
Mr. HAY. I will say to the gentleman from North Carolina
Territory to State.)
Thomas C. Tillotson, of New Mexico, to be register of the that I do not know of any arrangement by which the Committee
land office at Roswell, N. Mex. (Reappointment after change on Claims is to be displaced. Certainly I am not a party to any
such arrangement. But I am compelled to call up this appro
from Territory to State.)
priation bill because the desire of the House is, as I understand
P ostmasters.
it, to adjourn as soon as it possibly can, and it can not adjourn
NEW MEXICO.
until these appropriation bills have been passed. I will state
Vincent B. May to be postmaster at Las Cruces, N. Mex., in to the gentleman that this bill is a very short one and will take
place of Thomas Branigan.
very little time, and that the gentleman will have the balance
John Pfluger to be postmaster at Santa Fe, N. Mex., in place of the time.
of Edward C. Burke.
Mr. POU. Under the rules, the committee of which I am
chairman has the entire day, and I confess some surprise that
CONFIRMATIONS.
the gentleman could not select some other day on which to make
Executive nominations confirmed by the Senate May 31, 1912. his motion.
Mr. HAY. The gentleman must understand that under the
P romotion in the R evenue-Cutter Service.
rules my motion Is a privileged motion.
Cadet James Marsden Earp, to be third lieutenant.
Mr. POU. I am perfectly aware of that, and it is simply a
P ostmasters.
I question of preference with the gentleman as to whether he will
I make the motion this morning or not. I am well aware of the
GEORGIA.
fact that if he makes the motion that the House go into Com
Harry S. Edwards, Macon.
mittee of the Whole House on the state of the Union it dis
William T. Rudolph, Thomaston.
places the Committee on Claims, if the motion prevails. But I
LOUISIANA.
want to say to the House now that the House has had a com
E. C. Crawford, Gretna.
mittee very hard at work all of this session, and this is that
committee’s day. Hereafter, as best I can, I shall oppose every
NEW YORK.
attempt to displace the Claims Committee on the days when its
William D. Smith, Northville.
bills, under the rules, ought to have preference.
PENNSYLVANIA. N
Mr. HAY. Mr. Speaker, I submit that this is not a debatable
Jared H. Buckbee, Elkland.
question.
Harry L. Cooper, Edinboro.
The SPEAKER. The Chair will state that this discussion
Chauncey S. Ickes, Boswell.
has been proceeding by unanimous consent.
Wesley B. McAlpine, South Brownsville.
Mr. PRINCE rose.
John B. Moffitt, West Brownsville.
The SPEAKER. For what purpose does the gentleman rise?
TENNESSEE.
Mr. PRINCE. I want to find out whether general debate wili
be limited in Committee of the Whole.
W. A. Hill, McKenzie.
The SPEAKER. That has not been suggested yet.
William B. Pickering, Carthage.
Mr. HAY. I ask unanimous consent, Mr. Speaker, that gen
William J. Walker, Tiptonville.
eral debate be confined to one hour, one half of the time to be
controlled by the gentleman from Illinois [Mr. P rince ] and one
WITHDRAWAL.
half by myself.
Executive nomination withdrawn from the Senate May 31, 1912.
The SPEAKER. Pending the motion to go into Committee
P ostmaster.
of the Whole House on the state of the Union, the gentleman
from Virginia [Mr. H a y ] asks unanimous consent that general
ARKANSAS.
debate be limited to one hour, one half of the time to be con
Mattie C. De Vaughan to be postmaster at Waldo.
trolled by himself and the other half by the gentleman front
Illinois [Mr. P rince ]. I s there objection? [After a pause]
The Chair hears none, and it is so ordered. The question is on
H O U S E O F R E P R E S E N T A T IV E S .
the motion of the gentleman from Virginia that the House re
solve itself into the Committee of the Whole House on the state
F r id a y , May 31, 1912.
of the Union to consider the Military Academy appropriation
The House met at 11 o’clock a. m.
bill.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
The question was taken on the motion of Mr. H a y ; and on a
lowing prayer:
division (demanded by Mr. Pou) there were—ayes 25, noes 1G
God of the universe, Father of our souls, cleanse our hearts
Accordingly the House resolved itself into the Committee of
from guile, and make straight our paths, that we may walk
worthy of the vocation wherewith we are called and fulfill our I the Whole House on the state of the Union for the considera
destiny, to-day, to-morrow, and always, in the spirit of the tion of the bill (H. R. 24450) making appropriations for the
support of the Military Academy for the fiscal year ending
Lord Jesus Christ. Amen.
The Journal of the proceedings of Wednesday, May 29, 1912, June 30, 1913, and for other purposes, with Mr. H ensley in
the chair.
was read and approved.
Mr. HAY. Mr. Chairman, I ask unanimous consent to dis
MILITARY ACADEMY APPROPRIATION BILL.
pense with the first reading of the bill.
Mr. HAY. Mr. Speaker, I move that the House resolve itself
The CHAIRMAN. The gentleman from Virginia [Mr. H ay ]
into Committee of the Whole House on the state of the Union asks unanimous consent to dispense with the first reading of
for the consideration of the bill (II. R. 24450) making ap the bill. Is there objection?
propriations for the support of the Military Academy for the
There was no objection.
fiscal year ending June 30, 1913, and for other purposes.
Mr. HAY. Mr. Chairman, it is not necessary for me to go
The SPEAKER. The gentleman from Virginia [Mr. H ay ] into any general discussion of the provisions of this bill. The
moves that the House resolve itself into Committee of the total estimates submitted by the department for the support of
Whole House on the state of the Union for the purpose of the Military Academy aggregate $1,894,928.63. The amount ap
considering the Military Academy appropriation bill.
propriated for the last fiscal year was $1,163,424.07. The
1912.
CONGRESSIONAL RECORD— SENATE.
The PRESIDENT pro tempore^ To whom does the Senator
fronuJffnvesota yield.
LSON. I yield to Die Senator— amLsrtTiana.
fi
was going to suge^istg^YJhe Senator that
an
le ntil to $50 a
. not/m al^tbeincrdase he has suggested.
1 W ; I said wRh the $425 the $50 a month
>we propose to/aRow her wmild be .$£00, making $1,025.
RAYNER. 7 m in c o m e ^ $500 ta»ta the sale p i the
ear
nng.
does not amount
ree
a nf
b fmy the Ineral expenses an eFeet a proper
tombstone.
Mr. NEI
ent. is an ex-corporal of the
N. Mr
few words in this case.
Union
feel im
All
, we all delight to honor
have
’ the kind of Admiral
them
that
Schl
'ordinary and common
him on a level w
officers of the Navy. He was one olVuie great heroes of the
Spanish-American'W^m ancLdt
this great country
to leave his w ^ ov C ^ itlm b ite ) $40^ a r e a s ' to live on after
services such a ljh e rendered the country. T ie was practically
in command of our fleet at Santiago. It fought under his
direction. If he had been an admiral in the English Navy and
rendered such services, he would have been given an estate, he
would have been ennobled, and his family would have been
pensioned in the most liberal manner.
In this great country of ours, when we have the case of a
man of this kind, who rendered such great service, he should
not he put on the level o f an ordinary routine admiral in the
Navy. I think the ordinary soldiers and the ordinary sailors
and the ordinary officers of our Army and Navy would all of
them be well satisfied to have one of our great naval heroes
honored in this way. We gave the widow of Admiral Farragut
$2,000 a year, a very small sum, imleed^jind while I concede
that Admiral. , chley's record is not a A
S
t o f Ad
miral Ea-rragut, it seems to me it would be a shame to' T
t’ftye to
the.,Widow of such an officer the paltry pension of $50 a min
The PRESIDENT pro tempore. The pending question is oil
agreeing to the amendment proposed by the committee, which
is to strike out “ $150 ” and insert “ $50.” Of course, if the
amendment is adopted, the pension originally proposed of $150
is stricken out and $50 is put in the bill, and if the amendment
is not adopted the provision of $150 must stand. The question
is on agreeing to the amendment of the committee.
Mr. McCUMBER. On that I ask for the yeas and.nays.
The y©as„ and.nays were ordered, and the S ecj^^T ^proceeded to calT'fff^TTffl.” 1 '1
"
».» — m ^ ^ - *-^** **^ "'
wi
*
Mr. BAILEY (when his name was called). I am paired with
the Senator from Montana [Mr. D i x o n ] , and withhold my
Vote.
Mr. GALLINGER (when Mr. B u r n h a m ’ s name was called).
I wish to announce that my colleague [Mr. B u r n h a m ] is
paired with the Senator from Maryland [Mr. S m i t h ] .
Mr. WATSON (when Mr. C h i l t o n ’ s name wT called). My
as
colleague [Mr. C h i l t o n ] is necessarily absent from the city.
He is paired with the senior Senator from Illinois [Mr. C u l lo m
].
Mr. GALLINGER (when his name was called). I have a
general pair with the Senator from Arkansas [Mr. C l a r k e ] ,
and I therefore withhold my vote.
Mr. GARDNER (when his name was called). I have a gen
eral pair with the Senator from Massachusetts [Mr. C r a n e ] .
Upon this proposition I transfer my pair to the Senator from
Oklahoma [Mr. G o r e ] and vote. I vote “ nay.”
Mr. IIEYBURN (when his name was called). I have a g e n
i a l pair w i t h t h e Senator from Alabama [Mr. B a n k h e a d ] .
I therefore withhold my vote.
u Mr. PAYNTER (when his name was called). I would vote
h a y ” on this proposition except for my general pair with the
Senator from Colorado [Mr. G u g g e n h e i m ] .
Mr. SMITH of Arizona (when his name was called). I am
Paired with the Senator from New Mexico [Mr. F a l l ] . It is a
general pair, and I withhold my vote.
Mr. MARTIN of Virginia (when Mr. S w a n s o n ’ s name was
called). My colleague [Mr. S w a n s o n ] is detained from the
Senate in discharge of official business in connection with Sen
ate work. He is paired with the Senator from Nevada [Mr.
N ix o n ],
Mr. WATSON (when his name was called). I transfer my
Pair with the senior Senator from New Jersey [Mr. B r i g g s ] to
fhe junior Senator from Indiana [Mr. K e r n ] and vote. I vote
nay.”
Mr. WILLIAMS (when his name was called). I have a gen
eral pair with the senior Senator from Pennsylvania [Mr. P e n
X L VIII-
74
7537
r o se].
I transfer that pair to my colleague [Mr. P e r c y ] and
vote. I vote “ nay.”
The roll call was concluded.
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [Mr. O ’ G o r m a n ] , but I am informed
that if he were here he would vote “ nay.” Therefore I will
vote. I vote “ nay.”
Mr. GORE. The junior Senator from Maine [Mr. G a r d n e r ]
transferred his pair to me, and I will allow the transfer to
stand.
Mr. DILLINGHAM. May I inquire whether the senior Sen
ator from South Carolina [Mr. T i l l m a n ] has v o t e d ?
The PRESIDENT pro tempore. The Chair is informed that
he has not.
Mr. DILLINGHAM. I will withhold my vote.
The result was announced—yeas 10, nays 42, as follows:
Borah
Bristow
Hitchcock
Ashurst
Bourne
Bradley
Brandegee
Brown
Bryan
Catron
Chamberlain
Clapp
Clark, Wyo.
Fletcher
Bacon
Bailey
Bankhead
Briggs
Burnham
Burton
Chilton
Clarke, Ark.
Crane
CrawfoTd
Culberson
YEAS— 11.
Page
Root
Smith, Ga.
NAYS—41.
Nelson
Foster
Newlands
Gardner
Oliver
, Gronna
Overman
Johnson, Me.
Perkins
Johnston, Ala.
Poindexter
Lea
Rayner
Lippitt
Reed
McLean
Martin, Va.
Richardson
Shively
Martine, N. J .
Myers
Simmons
NOT VOTING—43.
Guggenheim
Cullom
Cummins
Heyburn
Curtis
Kenyon
Davis
Kern
Dillingham
La Follette
Dixon
Lorimer
du Pont
Nixon
Fall
O’Gorman
Owen
Gallinger
Gamble
Paynter
Gore
Penrose
Jones
Lodge
McCumber
Smoot
Sutherland
Smith, Mich.
Smith, S. C.
Stone
Thornton
Townsend
Warren
Watson
Williams
Percy
Pomerene
Sanders
Smith, Ariz.
Smith, Md.
Stephenson
Swanson
Tillman
Wetmore
Works
So the amendment o f the committee was rejected.
. The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
l e g is l a t iv e
, e t c ., a p p r o p r i a t i o n
b il l
.
The Senate, as in Committee of the Whole, proceeded to
consider the bill (H. R. 24023) making appropriations for the
legislative, executive, and judicial expenses of the Government
for the fiscal year ending June 30, 1913, and for other purposes,
which had been reported from the Committee on Appropriations
with amendments.
Mr. WARREN. Mr. President, I ask unanimous consent that
the formal reading of the bill be dispensed with, that it may
first be read for amendment, and that the committee amend
ments be first considered.
The PRESIDENT pro tempore. Is there objection to the re
quest of the Senator from Wyoming? The Chair hears none,
and it will be so ordered.
The Secretary proceeded to read the bill.
The first amendment of the Committee on Appropriations
was, under the head of “ Legislative,” subhead “ Senate,” on
page 1, line 10, to increase the appropriation for compensation
of Senators from $690,000 to $720,000.
The amendment was agreed to.
The next amendment was, on page 1, line 11, to increase the
appropriation for the mileage of Senators from $47,000 to
$51,000.
The amendment was agreed to.
The next amendment was, on page 2, line 14, after the words
“ journal clerk,” to insert “ principal clerk, reading clerk ” ; in
line 15, after the word “ each,” to strike out “ principal clerk,
reading clerk ” ; in line 17, after the word “ bookkeeper,” to
insert “ one clerk, printing clerk ” ; in line 18, after the word
“ revenue,” to strike out “ and general appropriation ” ; in line
21, before the wQrd “ indexer,” to insert “ compiler of Navy
Yearbook and Senate report on river and harbor bill, Wood
bury Pulsifer, $2,220” ; in line 22, before the word “ assistant,”
to strike out “ printing clerk ” ; in the same line, before the
word “ clerks,” to strike out “ three,” and insert “ two ” ; on
page 3, line 1, after the word “ stationery,” to strike out
“ $1,900,” and insert “ $2,000 ” ; in line 4, after the word “ each,”
to insert “ laborer in stationery room, $720 ” ; and in the same
line, after the words “ in all,” to strike out “ $SS,960,” and
insert “ $93,060,” so as to make the clause read:
Office of Secretary: Secretary of the Senate, including compensa
tion as disbursing officer of salaries of Senators and of the contingent
7538
CONGRESSIONAL RECORD— SENATE,
J une 3
,
Mr. REED. This amounts to a recognition of these places?
Mr. WARREN. For the next fiscal year.
Mr. REED. For the continuance of these places for the next
year?
Mr. WARREN. Yes.
Mr. REED. IVe are not merely appropriating money f0r
services that have been rendered, but it is expected to carry
this over into next year?
Mr. WARREN. We are not doing anything in regard to
these employees except putting them on a regular roll, paying
them a stated amount, and placing everything in plain sight
rather than having them paid from the cashier’s desk and
charged to the contingent fund. That is all.
Mr. REED. Mr. President, while the Senator is on his feet
The amendment was agreed to.
The next amendment was, on page 3, line 8, before the word I wish to ask another question. Of course, if this bill was one
“ assistant,” to strike out “ first assistant, $2,000; assistant, that simply proposed to pay the debts that we have created, j
\$2,000,” and insert “ two assistants, at $2,250 each ” ; and in would not rise to say anything, but it is intended now to pr0.
line 9, after the words “ in all,” to strike out “ $12,520,” and vide for next year. Now', I want to know why a messenger
gets $1,440 in some instances and $1,200 in others? What rea
Insert “ $13,020,” so as to make the clause read:
Document room : Superintendent, George H. Boyd, $3,000; two as son is there for that discrimination?
sistants, at $2,250 each; assistant, $1,440 ; two clerks, at $1,440 each;
Mr. WARREN. There are differences that have been recog
skilled laborer, $1,200; in all, $13,020.
nized heretofore in the importance of committees, according to
The amendment was agreed to.
the character and volume of their work, and there also have
Mr. REED. Mr. President, before we proceed any further, been differences regarding the amount o f work occasioned by
I want to ask the Senator in charge of the bill a question for seniority places on the higher committees of some of the Sen
Information. I desire to ask him why, in line 10, on the first ators. It is pretty hard to say that every committee shall have
page, the appropriation for the compensation for Senators is employees at the same salary and of the same number, because
changed from $690,000 to $720,000?
the work is not evenly distributed.
Mr. WARREN. Because there has been an increase of four
Mr. REED. Mr. President, I can recognize the fact that one
new Senators since the estimate was made, and the increased committee has work requiring technical knowledge or peculiar
amount is simply the difference.
skill and another committee may have work of a simpler char
Mr. REED. It just makes that difference?
acter, but the work o f a messenger-----Mr. WARREN. I think it does; and I think the Senator
Mr. OVERMAN. I want to say to the Senator that I think
will so find.
he wdll find that the committee has not increased any salary or
Mr. REED. I have not figured it. I only asked for infor added anybody to the pay roll, but wre have followed the law as
mation.
it exists under resolutions which have been passed by the Sen
Mr. WARREN. The same is true as to the proposed appro ate. The question as to why this distinction should be made
priation for mileage.
I am not able to answrer, but the Senate has done it.
The reading of the bill was resumed.
Mr. REED. Exactly.
The next amendment of the Committee on Appropriations
Mr. WARREN. If the Senator will allow me, I.wish to add
was, on page 3, line 14, after the word “ clerk,” to strike out to what the Senator from North Carolina [Mr. Overman] has
“ $1,440” and insert “ $1,800” ; in line 16, after the word said that we have but followed what has been determined upon
“ each,” to strike out “ assistant clerk, $1,440,” and insert and reported by other committees and w hat the Senate itself
T
“ two assistant clerks at $1,440 each ” ; in line 17, before the has passed upon. We are simply obeying the command of the
word “ clerk,” to insert “ laborer, $720 ” ; and in line 19, after Senate in these matters as to the salaries that are paid here.
the words “ messenger, $1,440,” to insert “ messenger, $1,200,” The responsibility is not with the Committee on Appropriations.
so as to read:
I f the Senator has the idea that he has to reckon with the Com
Clerks and messengers to committees; Clerk to the Committee on
Additional Accommodations for the Library of CongTess, $2,220, mes mittee on Appropriations in this matter, he is mistaken, be
senger, $1.440; clerk to the Committee on Agriculture and Forestry, cause the Committee on Appropriations did not fix those sala
$2,500, assistant clerk, $1,800, messenger, $1,440; clerk to the Com ries, -but, as I have said, it simply followed what the Senate
mittee on Appropriations. $4,000, two assistant clerks, at $2,500 each, itself has heretofore established in regard to them.
two assistant clerks, at $1,440 each, messenger, $1,440 ; laborer, $720 ;
Mr. REED. I understand that; and nothing I have said here
clerk to the Committee to Audit and Control the Contingent Expenses
of the Senate, $2,500, messenger, $1,440, messenger, $1,200.
is intended in the slightest degree as a criticism of the com
Mr. REED. Mr. President, does that last amendment mean mittee or of its work.
Mr. WARREN. I understood that, Mr. President, but it was
that there is to be another employee at $1,200 a year?
Mr. WARREN. Mr. President, perhaps I ought to say at as a matter of information that I responded to the Senator.
Mr. OVERMAN. Many amendments have been reported by
this point that on the page now being considered there are
numerous amendments. In each case they simply provide for the Committee on Appropriations to the House bill. The House
putting on the annual roll what the Senate itself had ordered bill only provides for the places established under the current
done in providing employees and paying them from the con law which was passed last year, and the Senator will under
tingent fund of the Senate. As the Senator will remember, stand that what the committee have added in italics is to cover
there was a very decided reform movement when the present places that have been added by the Senate since that time
Congress assembled in the way of having every employee noted Heretofore there have been stuck around all over this building
as to where he was employed, in order to destroy what was in positions that nobody knew anything about, certain men_a
termed “ the bad practice of details.” Before that time certain great number of them—who were paid from the contingent
employees had been detailed to this or that Senator’s com fund of the Senate. A man was slipped in here and a man was
mittee in the line of economy, as it was thought. Some of us slipped in there. We determined to provide for these places in
who were rather familiar with appropriations were of the the regular appropriation bill, so that the entire Senate and
opinion that the proposed changes would make no saving, but everyone else might know who is provided for and where he is
we had to submit. It is now thought desirable to show exactly employed, instead of having everything in the dark.
M r/REED. I think that is very commendable, and I believe
where every man is employed, and we have carried out that
plan. We took from the roll of employees who had been so I understand the situation. The point I am trying to make,
or to give expression to, in my very imperfect way, is this: ft
detailed thirty-odd men. Meanwhile the Committee on Con
tingent Expenses from time to time allowed this committee, seems to me now is the time to equalize these salaries. I was
that committee, and the other committee clerks or messengers saying that, of course, there might be committees having em
to take the place of those formerly detailed. In that way" we ployees required to possess particular and special skill, where
have added some 8 or 10 more employees than w e disposed a salary commensurate with their ability ought to be paid,
T
of previously, and, of course, at an additional cost, perhaps, of and other committees, requiring service of a simpler sort, where
from $15,000 to $20,000. The duty of the Committee on Ap a smaller salary would be proper. But now, when you come to
propriations is to fulfill the law; the Senate has already pro the question of a messenger, unless it is a misnomer, and un
vided for these employees, and they are now being paid from less somebody is working under the name of messenger who
the contingent fund of the Senate, which is hardly proper; in is not in fact a messenger, they all ought to be of about the
fact, tli.e law regarding the contingent fund makes it impos same class and receive the same amount of pay. Simply be
sible to indefinitely continue that practice without infringing cause a resolution was passed here in the hurry of some day’s
upon the law.
work giving a messenger to a certain committee at $1,440,
fund of the Senate, SO.500; hire of horse and wagon for the Secre
tary’s office, $420; assistant secretary, Henry M. Rose, $5,000; chief
cleric, $3,250; 'financial clerk, -ip3,000 and $1,250 additional while the
office is held hy the present incumbent; minute and journal clerk,
principal clerk, reading clerk, and enrolling clerk, at $3,000 each;
executive clerk, and assistant financial clerk, at $2,750 each ; librarian,
file clerk, chief bookkeeper, one clerk, printing clerk, and clerk com
piling a history of revenue bills, at $2,500 each ; keeper of stationery.
$2,400; compiler of Navy Yearbook and Senate report on river and
harbor bill, Woodbury Pulsifer, $2,220 ; indexer for Senate public docu
ments, assistant librarian, and two clerks, at $2,220 each; four clerks,
at $2,100 each; assistant librarian. $1,800; assistant librarian, $1,000;
skilled laborer, $1,200; clerk, $1,800; clerk, $1,600; assistant keeper
of stationery, $2,000; assistant in stationery room, $1,200; messenger,
$1,440; assistant messenger, $1,200; three laborers, at $840 .each;
three laborers, at $720 each; laborer in stationary room, $720; in ail,
$93,060.
1912
CONGRESSIONAL RECORD— SENATE.
Capitol Building, 16 policemen in the Senate Office Building, 10
policemen in the House Office Building, and other policemen in
the Congressional Library, then this must be the most lawless
spot on the face of the earth. At the same rate, the city at
large would need a police force of about 2,500, and I do not
know how many thousands they would need in New York City,
but it certainly would be a good-sized standing army.
In the early part of this discussion it was suggested that the
reason we needed so many men was because a large number of
the present policemen were superannuated. I observe these
policemen, as others do, and I do not think it can be said that
there are many of them so old that they can not fulfill their
duties. I do not think that argument is a sound one.
Then it was suggested that a large number of them was
necessary to be kept because they were on the old soldiers’ r o ll;
.vet, as I heard the list read by the chairman of the committee,
I <lid not find that the old soldier element preponderated, but
rather that the element recommended by Senators was very
largely in the majority.
It is easy enough to say that we need a man at this spot and
one at another particular place; but, Mr. President, policemen in
cities have to guard beats sometimes miles in length; they have
io guard with reference to fire as well as with reference to life;
nnd there is no reason that I can see why we need a policeman
at every corner in this Capitol. There is no reason that I can
see why a policeman must be given a standing position at some
Point in this building; there is no reason that I know of why
two policemen should be posted in front of this building to call
cabs; in other words, if we were entirely frank about this mat
ter, I think we would be compelled to say that about oue-lialf of
this force is a luxury. It is nice to have them around, but they
cost money, and therefore I object to having them around unless
they are necessary.
At the other end of the Capitol the policemen are required
to perform the same duties they are required to perform here,
and there are nearly four times the number of Representatives
that there are Senators. As you multiply the number of Repre
sentatives, you multiply the number of people going to and
from that end of the Capitol. It is a fact that everybody must
know that the galleries of the House of Representatives are
crowded more than are the galleries of the Senate; more peo
ple come and go; and yet the House committee and the House
itself has seen fit to cut the number in that end of the Capitol
to 37.
Mr. WETMORE. Mr. President, they are still employed,
even if they have cut them off.
Mr. REED. They will be employed until this bill becomes
a law; and when this bill becomes a law they will no longer
be employed. The Senator and I can not disagree that the
policy of the House is to cut the number to 37.
Mr. WETMORE. Mr. President-----The VICE PRESIDENT. Does the Senator from Missouri
3 ield to the Senator from Rhode Island?
’
Mr. REED. Certainly.
Mr. WETMORE. I may state that one of the Capitol i>olice
is detailed to the House Office Building on account o f the in
adequacy of the force there.
Mr. REED. The Senator misunderstood me.
Mr. WETMORE. By request from the House side, I think,
there are four other policemen also detailed to certain duties
hi the House Office Building.
Mr. REED. The Senator misunderstood me. I am speaking
about the 37 policemen in the Capitol.
Mr. WETMORE. I suppose that man is one of the 37.
Mr. REED. I am not speaking about the Senate Office
Building.
Mr. WETMORE. I was not, either.
Mr. REED. I do not consider that there is any force in the
suggestion of the Senator that some experienced policeman was
called on to go over and train the inexperienced men who came
in when the majority shifted in the House of Representatives.
They did put in inexperienced men, which illustrates the truth
°f what the Senator from Mississippi said when he intimated
that, after all, the distribution of policemen was a matter of
the distribution of spoils and that men were not employed be
cause of their ability or because of their skill, but because of
their politics.
It is not at all remarkable that they had to send for some one
to train these green men. I apprehend that some of the men
xv1 came in did not know how to find their way through the
1o
corridors and the meanderings at the other end of the Capitol.
But they nevertheless are getting along with their 3/ men, and
they are not now clamoring for assistance; and they are getting
along with their 10 men in the House Office Building, where we
insist upon having 10, while our building is the smaller, or at
7615
least the less populous. So that, Mr. President, I am opposed
to this amendment, and I ask for a roll call upon it.
The VICE PRESIDENT. The question is on agreeing to the
amendment of the committee.
Mr. REED. Upon which I have asked for the yeas and nays.
The yeas and nays were not ordered.
Mr. REED. I move, to strike out in line S, on page 13, the
word “ three” and insert the word “ two.”
The VICE PRESIDENT. That is the amendment upon which
the vote is about to be taken.
Mr. REED. Yes.
The VICE PRESIDENT. That is the pending amendment.
Mr. REED. Exactly, and I move to strike out the word
“ three ” and insert “ two.”
The VICE PRESIDENT. But the pending amendment is
to insert “ three” instead of “ two.”
Mr. REED. I understand it now. It comes in the other
form. I want to ask a question. The matter has not been
discussed. Why do we need three lieutenants—three command
ing officers?
Mr. WETMORE. There are three shifts of policemen, and
there is one officer in charge of each shift.
Mr. REED. They have eight-hour shifts?
Mr. WETMORE. Eight-hour shifts. Mr. REED. How many hours do the Capitol policemen
work—8 hours or 12?
Mr. WETMORE. Eight hours.
Mr. REED. Mr. President, I raise the question of quorum.
The VICE PRESIDENT. The Senator from Missouri sug
gests the absence of a quorum. The Secretary will call the roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Bailey
Borah
Bourne
Bradley
Briggs
Bristow
Brown
Bryan
I! urnham
Catron
Chamberlain
Clapp
Clark, Wyo.
Cullom
Cummins
Curtis
Fletcher
Gallinger
Gardner
Gore
Gronna
ITeyburn
Hitchcock
Johnston, Ala.
Jones
Smith, Ga.
Lea
Smith, Md.
McCumbor
Smith, S. C.
Martin, Va.
Smoot
Myers
Stephenson
Oliver
Stone
Overman
Thornton
Page
Townsend
Perkins
Warren
Reed
Watson
Richardson
Wet m
ore
Simmons
Williams
Smith, Ariz.
My colleague [Mr. Poindextkr] is unavoidably
Mr. JONES.
detained from the Chamber by important business.
The VICE PRESIDENT. Fifty-one Senators have answered
to the roll call. A quorum of the Senate is present. The ques
tion is on agreeing to the committee amendment.
Mr. REED. I call for the yeas and nays.
The VICE PRESIDENT. The yeas and nays have been re
fused on this amendment.
Mr. REED. Mr. President, a parliamentary inquiry. What
are we voting on now?
The VICE PRESIDENT. The Senate is about to vote upon
the amendment in line S, page 13, to strike out “ two ” and
insert “ three.”
Mr. REED. That is the only part of this proposition upon
which we are now voting?
The VICE PRESIDENT. That is all.
Mr. REED. Very well.
Mr. WARREN. Mr. President, a number of Senators came
in and answered to the call of the roll. The motion was made,
as I understand—and the Chair will correct me if I am wrong—
by the Senator from Missouri to disagree to the committee
amendment to insert three lieutenants instead of two.
The VICE PRESIDENT. The question now is on the com
mittee amendment to strike out “ tw o” and insert “ three.”
Mr. WARREN. The reason I asked the question is that
Senators may know the exact question.
We are in this condition. There are three shifts of police
during the day. There are the House and the Senate and the
grounds to be overlooked. If a lieutenant is needed at all, three
are needed, so that there may be one on duty all the time. I
hope the committee may be sustained by an affirmative vote on
the amendment.
The VICE PRE SID EN T.
The question is on agreeing to the
amendment.
The amendment was agreed to.
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations
was, on page 13, line 9, after the word “ and,” to strike out
“ thirty-three” nnd-iiw^rt"
sola's to read .“ 07
privates, at $1,050 each.”
Mr. REED. That is the main question which we have been
discussing here for several hours—.whether we will have 33
policemen or 67. The House, as I understand, has already
^16
to
CONGRESSIONAL. RECORD— SENATE.
Mr. BACON. Mr. President, before the result was announced
I sought the recognition of the Chair. I wish to say that as i
understand there is no rule of the Senate which authorizes
those who do not vote upon a yea-and-nay call to be counted.
Mr. President, this is a self-governing body; this is a body
in which the Senators make their own rules and enforce them •
and that is not the rule of the Senate; it has never been the
rule of the Senate, and I hope never will be the rule of the
Senate. Of course, I recognize the fact, Mr. President, that
frequently precedents are made in parliamentary bodies under
stress of political or other influences which induce members
of the parliamentary body to cast their votes, frequently j)e^
cause the casting of their votes in a particular way will accom
plish the particular thing then under consideration.
It so happens that upon this occasion I am one of those who
voted with the majority, and therefore in making this objection
to the ruling of the Chair I am not influenced by the fact that
that ruling accomplished a result which I myself favored. On
the contrary, I favored the result which would be sustained by
that ruling of the Chair.
Mr. President, of course there are some Senators here who
have been here much longer than I have, but I have been here
now for more than I T years; and I wish to say, in all respect f o r
the present occupant of the chair, for whom I personally have
the highest regard and respect, that, so far as I know and
can recall, prior to the occupancy of the chair by the present
distinguished, honored, and highly esteemed officer, there has
never been such a ruling in the Senate.
Of course, I know the facts that there have been occasions
C r a n e ].
when there have been efforts made to justify the proposition
Mr. HEYBURN (when his name was called). I have a pair that the Chair had the right to count a quorum, and that is a
with the senior Senator from Alabama [Mr. B a n k h e a d ] . I precedent which may in particular instances have been in n
transfer it. to the junior Senator from Tennessee [Mr. S a n d e r s ] way recognized; but it is a rule which has never, so far as V
and vote “ yea.”
know, received the distinct recognition and approval of the
Mr. SMITH of Arizona. I am paired with the senior Senator Senate.
from New Mexico [Mr. F a l l ] , I therefore withhold my vote.
Mr. President, this is no ordinary parliamentary body. This
Mr. OLIVER (when the name of Mr. P e n r o s e was called). is a body with distinct and peculiar functions. This is iX
My colleague [Mr. P e n r o s e ] is necessarily absent. He is paired body with distinct and peculiar responsibilities and powers
with the junior Senator from Mississippi [Mr. W i l l i a m s ] ,
far greater than those belonging to other parliamentary bodies'
Mr. WILLIAMS (when his name was called). I have a pair and I for one am unwilling that the rules which have been
with the senior Senator from Pennsylvania [Mr. Penrose]. observed for a hundred years shall be overturned in this way.
I therefore withhold my vote.
Mr. BRISTOW. Mr. President-----The roll call was concluded.
The VICE PRESIDENT. Does the Senator from Georgiy
Mr. CULLOM. I transfer my pair with the Senator from yield to the Senator from Kansas?
West Virginia [Mr. C h i l t o n ] to the Senator from New York
Mr. BACON. I do.
[Mr. R o o t ] and will vote. I vote “ yea.”
Mr. BRISTOW. I desire to su jest to the Senator from
Mr. SIMMONS. I wish to inquire whether the junior Sen Georgia that upon another occasion recently a vote was taken
ator from Minnesota [Mr. C l a p p ] has voted?
on a bill that is upon the calendar, in which I am interested
The VICE P-RESfDENT. He has not.
and the vote was affirmatively in favor of the motion which
Mr. SIMMONS. I have a pair with that Senator and I made, but a quorum did not vote and the motion was declared
therefore withhold my vote.
lost because a quorum had not voted. That was repeated upon
The result was announced—yeas 33, nays 13, as follow^
more than one occasion that day, and it is an exact parallel
to this case.
YEAS—33.
Mr. BACON. Yes.
Cullom
Bacon
Martin, Va.
Stephenson
Curtis
Nelson
Bradley
Thornton
Mr. President, I want to say th is: I have seen occasions when
Dillingham
Oliver
Briggs
Tillman
upqn a division the count showed the number voting less than
Foster
Overman
Bristow
Townsend
a quorum, and I have seen that passed over several times with
Gallinger
Page
Brown
Warren
Burnham
Gronna
Perkins
Wetmore
out remarks.
Ileyburn
Catron
Richardson
I want to say that I myself have at times objected, at other
Johnston, Ala.
Smith, Md.
Chamberlain
times I have sat silent when that has been done, because it js
Smoot
Clark, Wyo.
McCumber
not pleasant to take issue with the Chair. It is not pleasant to
NAYS— 13.
be making a point of this kind. The acceptance of the count
Reed
Hitchcock
Ashurst
Watson
in such cases can only be justified upon the ground that when a
Smith, Ga.
Bryan
Jones
Lea
Fletcher
Smith, S. C.
motion is ; put viva voce, very frequently there is nobody who
Myers
Gore
Stone
votes at qll, and in the absence of a vote the Chair says the
NOT VOTING—49.
ayes havent, upon the assumption that the absence of any nega
Bailey
Davis
Root
Lorimer
tive vote indicates an assent on the part of Senators, and that
Bankhead
Dixon
McLean
Sanders
the reasoning might be carried a little further and applied to
du Font
Borah
Martine, N. J.
Shively
Fall
Bourne
the absence of a certain number voting upon a division. i u
Newlands
Simmons
Gamble
Brandegee
Nixon
Smith, Ariz.
other wprds, applied to the case where, on a division, less than
Gardner
Burton
O'Gorman
Smith, Mich.
a quorum vote. While I do not approve of that suggestion,
Guggenheim
Chilton
Owen
Sutherland
Johnson, M
e.
Paynter
Clapp
still it- is suggested that it may be conceded or concluded from
Swanson
Kenyon
Clarke, Ark.
Penrose
Williams
that that those who do not vote are assenting. But I do not
Kern
Percy
Crane
Works
agree to that at all. Still that is the argument as to that.
La Follette
Poindexter
Crawford
I.ippitt
Pomerene
Culberson
But that argument can not be applied to a yea-and-nay vote.
Rayner
Lodge
Cummins
Mr. GALLINGER. Mr. President-----Mr. BACON. Mr. PresidentThe VICE PRESIDENT. Does the Senator from Georgia
The VICE PRESIDENT. On the question of agreeing to the yield to the Senator from New Hampshire?
committee amendment the yeas are 33 and the nays 13. The
Mr. BACON. I do.
Senator from Texas [Mr. B ailey], the Senator from Maine [Mr.
Mr. GALLINGER. Did I understand the Senator correctly
G a r d n e r ] , the Senator from Arizona [Mr. S m i t h ] , the Senator
to say that the decision just announced was without precedent
from Mississippi [Mr. W i l l i a m s ] , the Senator from North Caro in the Senate; that a quorum had never been counted before?
lina [Mr. S i m m o n s ] having announced their p a i r s and that
Mr. BACON. N o ; I did not say that. I referred to the
they refrained from v.oLing* Jyecaus_e of.being-paired, it makes a ruling made by the Chair to-day, in which, after the call of the
quorum; the yeas have it, and the amendment is agreed to.
yeas and nays was concluded, showing less than a quorum, the
fixed the number at 33. Upon the question of agreeing to that
amendment, I ask for the yeas and nays.
The yens ami nays wore .ordered. .
Mr. WAI&tKTs. A question of order.' I ask the Vice Presi
dent ..Locate the question.
The VICE PRESIDENT. The question is on agreeing to the
committee’s amendment, in line 13, page.9, proposing to strike
out “ thirty-three” and insert “ sixty-seven.” The Secretary
will call the roll. '
Mr. BAILEY (when his name was called). I am paired with
.the Senator from Montana [Mr. D i x o n ] , and withhold my vote.
%t^Ir. WATSON (when Mr. C h i l t o n ’ s name was called),
colleague [Mr. C h i l t o n j is n e c e s s a r i l y absent f r o m t W c i t y .
He is, however, pair e d with the senior Senator from Illinois
[Mr. C u l l o m ] .
Mr. CULLOM (when his name was called). I have a gen
eral pair with the junior Senator from West Virginia [Mr.
Chilton]. I therefore withhold my vote.
Mr. BAILEY (when Mr. D i x o n ’ s name was called) Tlie Senator from Montana [Mr. D i x o n ] i s i n Chicago.
Mr. BALLINGER (when his name was called), I liave a
pair with the Senator from Arkansas [Mr. C l a r k e ] . I transfer
it to the senior Senator from Massachusetts [Mr. L o d g e ] , and
will vote. I vote “ yea.”
While I am on my feet, I wish to announce the pair of the
Senator from Connecticut [Mr. Brandegee] with the Senator
from New York [Mr. O’Gorman].
Mr. GARDNER (when his name was called). I have a gen
eral pair with the junior Senator from Massachusetts [Mr.
i
'
June 4
1912
CONGRESSIONAL RECORD— SENATE
PETITIONS AND MEMORIALS.
The VICE PRESIDENT presented a joint memorial of the
Legislature of New Mexico, which was referred to the Commit
tee on the Judiciary and ordered to be printed in the R ecord,
as follow s:
House joint memorial 8.
Memorial to the Congress of the United States, requesting the pas
sage of Senate bill No. 6501 and House bill No. 23775, amending sec
tion 13 of the act of June 20, 1910, being “An act to enable the people
of New Mexico to form a State government,” etc., and providing for
two in lieu of one judicial district in New Mexico.
Whereas there is r.ow pending in the Congress of the United States a
bill, introduced in the Senate b y Hon. A l b e r t B . P a l l , Senator
from New Mexico, and a bill introduced in the House of Representa
tives by lion. G eorge C u r r y , Congressman from New Mexico, amend
ing the act heretofore passed to enable the people of New Mexico
to form a State government, so as to provide for two judicial dis„ tricts instead of one; and
Whereas the speedy passage of said bill by the present Congress is
very important for the following and other reasons :
1- Great distance between points of holding court: On account of
lack of railroad connection between the city of Santa Fe and other
parts of the State, the present arrangement involves great expense
ol time and money on the part of the United States as well as liti
gants in going to and returning from the place of holding such court
and transporting witnesses and jurors to an extent greater than the
cost of maintaining an additional district.
2. Government reclamation projects: The said State of New Mexico
has developed very rapidly within the last 10 years, and in no part of
it has the growth been greater than in that portion included within
the proposed southern district, and the location therein of three great
Government reclamation projects, to wit, the Rio Grande project, the
Hondo project, and the Carlsbad project, being the only projects in
the State of New Mexico, promises an era of growth in the near
future well justifying the creation of this district.
. 3. Large areas of Government land: Aside from the great irriga
tion projects above referred to, the first of which will be in course of
construction for several years to come, at the expense of the Gov
ernment, the district includes immense bodies of Government lands,
in fact, nearly all the Government land now open to settlement in
the State is located in this district, and contests between the Govern
ment and private claimants, exclusive of cases coming within the
jurisdiction of the United States land offices, would constitute a con
siderable amount of business for such court.
4. Forest reserves : It will appear upon investigation that thousands
of acres of lands have been included within national forest reserves
located principally in what would be the northern district, and the
leasing, management, and control of the-timber and grazing privileges
thereon and controversies growing out of the same would come in such
courts.
5. Mineral lands: The proposed amendment is necessary also on
account of the great bodies of mineral lands in both of said districts,
the operation of mines being one of the great industries of the State
and rapidly increasing.
6. Indians and Indian property: New Mejtleo has perhaps more
Indians and more Indian reserves than any other State in the Union,
with the exception of Oklahoma, and over these and their property such
courts would have jurisdiction.
7. Chinesc-cxclusion acts: The proposed southern district includes
what is known as the “ border counties
that is, counties near the
Mexico line— and violation of the Chinese-exclusion acts, and what is
known as smuggling cases, has heretofore occupied the attention of
the four United States courts which were held therein under Ter
ritorial government.
8. Conditions in Mexico: The present state of affairs in Mexico
and the proximity of this State to the frontier thereof and the ease
with which the neutrality and other laws applying to such conditions
can be violated makes the constant supervision of a Federal court at
Las Cruces almost imperative. r
9. The great development in New Mexico during the past 10 years
has brought investments by residents of other States in mining, agri
cultural, and live-stoclc properties of considerable magnitude, and an
investigation of the dockets ftf the different State courts will show
that about a fourth of the business in the Pecos Valley counties, and
almost an equal amount in Hie counties of Dona Ana and Grant could
be removed into the Federal court on the ground of diversity of citizen
ship, and probably would .tie so removed were it not for the expense of
transporting witnesses, etc., therein.
.10. Communication baJw
een Roswell and Santa Fe: It is about 500
Rules from Roswell to JSanta Fe by rail and about 600 from Carlsbad
to Santa Fe ; the rourfcl trip takes at least three days and often four
or five when good connection is not made, and the minimum cost of
taking a witness to .Santa Fe is about $50.
Now therefore (if the house of representatives concur) be it
R e s o l v e d b y t h e y L e g i s l a t u r e o f t h e S t a t e o f N e w M e x i c o , That the
Congress of the United States be earnestly requested to pass Senate bill
No. 6501 and House bill No. 23775. each entitled “A bill to amend sec
tion 13 of the act of June 20. 1910,” being “An act to enable the peo
ple of New Mexico to form a State government,” etc., and providing for
two in lieu of one judicial districts in New Mexico, at its present
session ;
R e s o l v e d , That a copy of this memorial be sent to the President of
the Senate and the Speaker of the House of Representatives and to
Hon. A l b e r t B. F a l l and Hon. T h o m a s B. C a t r o n , Senators from
N _ Mexico, and to Hon. G eorge C u r r y , Member of Congress from New
ew
Mexico, and to Hon. II. B. F e r g u s s o x , Member of Congress from New
Mexico.
7889
, letter postage, which was referred to the Committee on Post
Offices and Post Roads.
Mr. O’GORMAN. I present a telegram, in the nature of a
resolution, adopted by the New York State Convention of Letter
Carriers May 31, 1912, which I ask may be printed in the
R ecord and referred to the Committee on Post Offices and Post
Roads.
There being no objection, the telegram was referred to the
Committee on Post Offices and Post Roads and ordered to be
printed in the R ecord, as follows:.
H on . J a m e s A . O ’ G o r m a n ,
U n ite d S ta te s
S en a to r,
..-i •
E l m ir a ,
W a sh in g to n , D .
N. Y.,
J u n e 4, 1912.
C .:
The following resolution was passed at the New York State Conven
tion of Letter Carriers May 31, 1912 :
Whereas we firmly believe that the establishment of an 8-hour work
day within 10 consecutive hours will prove beneficial both to the Post
Office Department and its employees, insuring as it does the greater
efficiency that comes from a contented body of workers: Therefore
be it
R e s o l v e d , That the New York State Association of Letter Carriers
record its approval of section 5 of the Post Office appropriation bill,
and expresses the hope that the Senate in consideration of this measure
will make no material change there.
B. M. S h e r m a n , S e c r e t a r y .
Dir. O’GORMAN presented memorials of sundry citizens of
Brooklyn, N. Y., remonstrating against an appropriation being
made to be used for the purpose of celebrating the one hun
dredth anniversary of peace with England, which were referred
to the Committee on Foreign Relations.
Mr. GALLINGEIt presented petitions of sundry citizens of
the District of Columbia, praying for the enactment of legis
lation to maintain the present water rates in the District,
which were referred to the Committee on the District of
Columbia.
Dir. CATRON. I present a joint memorial of the Legislature
of the State of New Mexico, recommending the creation of
two judicial districts in that State, which I ask may be
printed in the R ecord and referred to the Committee on the
Judiciary.
The VICE PRESIDENT. A duplicate of the memorial has
been presented by the Vice President and ordered printed in
the R ecord. Of course the memorial will be printed in the
R ecord but once.
Mr. CATRON. Very well. I wish to have it referred to the
Committee on the Judiciary.
The VICE PRESIDENT. The memorial will be referred to
that committee.
Mr. TOWNSEND presented a petition of sundry citizens of
Wallace, Mich., praying for the establishment of a parcel-post
system, which was referred to the Committee on Post Offices
and Post Roads.
He also presented a memorial of sundry citizens of Jackson,
Mich., remonstrating against the enactment o f legislation pro
viding for a five-year tenure of office for civil-service employees,
which was ordered to lie on the table.
He also presented memorials of sundry citizens of Wyandotte
and Detroit, in the State of Michigan, remonstrating against
the enactment of legislation to further restrict immigration,
which were ordered to lie on the table.
Mr. OLIVER presented a petition of sundry citizens of Penn
sylvania, praying for the enactment of legislation providing
reservations in Alaska for the Indians of that Territory, which
was referred to the Committee on Territories.
He also presented a petition of members of the Pittsburgh
Branch, National League of Commission Merchants of the
United States, of Pennsylvania, praying for the _enr -tment of
legislation providing for the adoption of a unifoim bill of
lading, which was ordered to lie on the table.
He also presented a petition of members of the Manufac
turers’ Association of Erie, Pa., praying for the enactment of
legislation providing for the ownership of buildings by the
United States in foreign countries for the use of its repre
sentatives, which was referred to the Committee on Foreign
Relations.
He also presented resolutions adopted by the board of direc
tors of the Chamber of Commerce of Erie, Pa., praying for the
enactment o f legislation to enable the Secretary of Commerce
and Labor, acting through the Bureau of Corporations, to
E. C. D e B a c a ,
P r e s id e n t o f th e S e n a te .
make a complete investigation of the business of foreign and
J oh n J oern s,
domestic fire insurance corporations in the United States,
C h ie f C lerk o f th e S e n a te .
which were referred to the Committee on Finance.
R o m a n L . B ac a ,
He also presented a memorial of the Merchants’ Association
S p ea k er o f th e H o u se.
F ra n k St a p l in ,
of Manila, P. I., remonstrating against the enactment of legis
C h ie f C lerk o f th e H o u s e .
lation to restrict the sale of the friar lands in the Philippine
The VICE PRESIDENT presented a petition of sundry citi Islands, which was referred to the Committee on the Philip
zens of Philadelphia, Pa., praying for the adoption of a 1-cent pines.
X L V III----- 49G
7890
r
«» !
CONGRESSIONAL RECORD— SENATE.
J une
iq
Mr. HEYBURN. The word “ receive ” occurs. I should likG
He also presented a petition o f Penn Grange, No. 1485, Pa
trons of Husbandry, of Dickinson, Pa., praying for the enact to have the Senator in charge of the bill explain why we should
ment of legislation providing for vocational education, which penalize the person who receives it, because we receive a lot of
things through the mails involuntarily.
was ordered to lie on the table.
Mr. BACON. If the Senator desires it, I will not now ask
Mr. CULLOM presented a memorial of sundry citizens of
Virden, 111., remonstrating against the extension of the parcel for the present consideration of the bill. I will state to the
post system beyond its present limitations, which was referred Senator that there is an urgent reason for the early action of
Congress in this matter, but one day will not make much differ
to the Committee on Post Offices and Post Roads,
Mr. McLEAN presented memorials of sundry citizens of Dan ence. There is an identical bill pending in the House, and
bury and Naugatuck, in the State of Connecticut, remonstrat for tha't, I understand, the House committee has offered a sub
ing against arh.appropriation being made to be used for the stitute wbic-h is probably better in its terms than this measure
purpose of celebrating the one hundredth anniversary of peace The matter was brought to the attention of the Judiciary Conn
with England, whick were referred to the .Committee on Foreign mittee, and the only purpose in presenting it now without
amendment was to endeavor to expedite it, the anticipation
Relations.
He also presented a petition of sundry citizens of Plainville. being that probably the House substitute would be ultimately
Conn., praying for the Enactment of legislation to provide adopted. \
Mr. HEYBURN. I am thoroughly in sympathy with the bill
medical and sanitary relief xHr the natives of Alaska, which was
except as to the word “ receive,” which might be used as a trap’
referred to the Committee on "Serritories.
He also presented a petition of^Undry members of the Ladies That a man shall be penalized for receiving something through
the mails is raUier a dangerous proposition, f ask that the bill
of the Maccabees of the World, residents of Waterbury, Conn
praying for the enactment of legislaf^n granting to the publi may go over. %
Mr. GALLINGER. I trust that the Senhtor from Georgia
cations of fraternal associations the pKuleges of second-class
mail matter, which was referred to theSCommittee on Post may allow it to go over. I am not sure (pat it ought not to
be somewhat enlarged. There are other things besides the ex
Offices and Post Roads.
Mr, WETMORE presented a memorial of l^mnbers of the hibition of prize fights that are demoralising in these picture
Sarsfiekl Literary Association, of Woonsocket, H, I., remon shows.
X
/
Mr. BACON. I Will state to the Senator that I shall n0t
strating against an appropriation being made to be Thsed for the
purpose ot celebrating/fiie one hundredth an n iversary^ peace object to the bill gqing over, although I hope we may have
with England, which Mas referred to the Committee on Foreign early consideration of it. The Senator from North Carolina
[Mr. S i m m o n s ] i s theyuthor o f the bill.
Relations.
J
A
I will state to the Senator that while what he says in regard
Mr. RAYNER presented a memorial of sundry citizens of
Baltimore, Md., remonstrating against the establishment of a to the propriety of enlarging it is true, still that is possibly
department of public health, which was ordered to lie on the not so urgent as this legislation. This is a special matter that
has attracted the attentidjp of the public, and there are some im
table.
Mr. GUGGENHEIM presented a memorial of members of the pending performances tha% it is intended, if possible, to reach.
South Park Ranchmen’s Protective Association, of Colorado, re
Mr. GALLINGER. I was attracted by the suggestion the
monstrating against the enactment of legislation permitting the Senator made that anotherVody has under consideration a simi
cutting of timber from the Platte watershed by the Forest Serv lar bill. The Senate passel a bill months ago giving the Com
ice, which was referi:^ fri t
h
i
)
and missioners of the District^of Columbia jurisdiction—or, at
Forestn
least, giving them authority to examine the films that were
^Ai^uORE (for Mr. O w e n ) presented a petition of members $>eing used in these movinAjiicture shows. It is an utter
/of the Davis County Medical Society, of Utah, praying for the Abomination the way things are going on here in the District ip
f passage of the so-called Owen health bill, which was ordered to fthat regard. Yet that bill ha\ lain dormant or has been lost
lie on the table.
* ig h t of in some way, and no :|£tion is taken on it. I think I
/s
Mr. BRADLEY presented a petition of sundry citizens ,of will agree with the Senator—
Sonora. Ky., praying for the enactment of iegislRtian. J-o firoMr. BACON. I hope the bill V ie Senator refers tp may be
hibit the transniission of picp gamblisg-'betsr^M^R was referred brought up and acted upon, but tint it will not be complicated
to the Committee on the Judiciary.
with this measure, because that wqkifd involve some delay.
He also presented a petition of sundry citizens of Sonora, Ky.,
Mr. GALLINGER. I promise th* Senator-----praying for the enactment of legislation to prohibit the inter
Mr. BACON. It is suggested b /V h e author of the bill and
state transportation of intoxicating liquors, which was referred also b y the Senator from Utah L5Ir\S u t h e r l a n d ] , who is on
to the Committee on the Judiciary.
the Judiciary Committee, that f t tl% word “ w illfully” Was
Mr. ROOT presented a memorial of the Chamber of Com put in as a prefix to the word/ “ receive ” it would relieve it
merce of New York, remonstrating against the proposed dis from the just criticism offered J>y the Senator from Idaho.
Mr. GALLINGER. I promise the Senator that I will not
continuance of the appropriations for the Bureau of Trade Re
lations, which was ordered to lie on the table.
complicate the bill at all. I think it is It -islation in the proper
/
Fie also presented memorials of sundry citizens of Canajo- direction.
harie, Fishkill, Highland Falls, Hudson Falls, Ossining, PeeksMr. HEYBURN. I have i o desire to c
the consideration
/
kill, Silver Creek, and Yonkers, all in the State of New York, of the bill, but— —
Mr. BACON. If the wofd “ willfully ” w e ^ put inremonstrating against the passage of the so-called Owen health
Mr. GALLINGER. Knowingly.
bill, which were ordered to lie on the table.
Mr. BACON. Or knowingly.
STEAMER “ D A ifAR A .”
Mr. PIEYBURN. It i/n o t in this bill.
Mr. PERKINS, from the Committee on Commerce, to which
Mr. BACON. If we' could amend it to that extent, so as
was referred the bill (S. 7015) to provide American registry
for the steamer Damara, reported it without amendment and to read “ knowingly o f willfully receive,” will tl% Senator still
desire that it shall gdr over?
\
submitted a report (No. 867) thereon.
Mr. HEYBURN. > have not considered just / v sufficient
T
PICTURES OF-PRIZE FIGHTS, ETC.
those words of limiAtion would be.
Mr. BACON. I am instructed by the Committee on the
Mr. BACON. Thfe Senator prefers to have the bili
over?
Judiciary to report back favorably without amendment the bill
Mr. HEYBURN/ It had better go over.
(S. 7027) to prohibit the transportation of pictures of prize
The VICE PRESIDENT. The bill will go to the calendar.
fights, and for other purposes, and I shall ask present consid
b il l s / a n d j o in t r e s o l u t io n in t r o d u c e d .
\
'
eration thereof. It is very short.
The VICE PRESIDENT. The bill will be read for the in
Bills and a jjoint resolution were introduced, read the first
formation of the Senate.
time, and, by* unanimous consent, the second time, and re
The Secretary read the bill, as follows:
ferred, as follow s:
B e i t e n a c te d , e t c ., That it shall he unlawful to send or receive, by
By Mr. JOHNSON of Maine:
mail, railway, express, water service, or in any other manner, from any
A bill ( S; 7076) granting an increase of pension to Roscoe
State, Territory, or the District of Columbia to any other State, Terri
tory, or the District of Columbia, or to bring into this country from B. Smith {’with accompanying paper) ; to the Committee on
any foreign country, any film or other pictorial representation of any Pensions.
prize fight or encounter of pugilists, under whatever name, or any
By Mr. CATRON:
record or account of betting on the same. Any person violating the
A bill (S. 7077) authorizing the Secretary of War to award
provisions of this act shall be punished by imprisonment for not ex
ceeding one year or a fine of not exceeding $1,000, at the discretion of the congressional medal of honor to Second Lieut. Etienne do
the court.
B ujac; to the Committee on Military Affairs.
The VICE PRESIDENT, Is there objection to the present
A bill (S. 7078) for the payment of certain money to Albert
consideration of the bill?
H. Raynolds; to the Committee on Indian Affairs.
1912
CONGRESSIONAL RECORD— SENATE.
7907
that a.m an renders conspicuous service in time of war is a
I also agree with what the Senator from Alabama savs, that
reason, of course, why he should be promoted in time of war, in the midst of this legislation, which is evidently designed to
but that does not justify us in passing a law that will prevent strike down some officers and promote other officers, an attempt
a proper recognition o f that man in time of peace.
!y has been made to discriminate against the departMr. HITCHCOCK. Mr. President, I want to say a w
be consolidated «into the supply department; and the
opposition to the conference ,rej^rr.
Va^ge anomalyylpHegislation isT/roposed. that the first head of
As a member of the Committee on Military Affai,
•tment shall b ^ i major general, whereas upon
some little interest in theymaji^p o fT h c bilL If
1 be named to suc1
lowed my own d i s p o s i t i o n ^ ! s L
>sence of any explanation,
possibly all, of the l e j ^ r e h p R u H o u s e /
ke an attempt to legislate in favor of one particular
sentatives. It was decided in committee,
die Army. I do not know that it is. I do noiNcliarge
on the floor of the Senate, that
against legislating in this a
Ir. Pr<^ide»fcrT'yid|lr tlm--S«mtfor wonld be
speaking, the legislation was
imself. /k nymefffcngcura a clayed tlm comThe bill went into con feren ce//pd it7now o^me^iack to til
menA H ^/m ow /accu sesit or naming men
Senate. Instead of containing
by* the House when tfiey are Hot named.
of Representatives, discussed^An public, weighed in public, un
I have no more idea than ha<f the Senator whom the Presi
voted on in public, it now contains legislation agreed upon by dent may appoint as chief of this department. The House bill,
the conferees, who certainly ought to have no power to present as it came to us, provided that the office should be held by a
such new legislation to the Senate in the absence of any oppor major general continually. We believed that the first man,
tunity to consider it, in the absence of any opportunity to amend whoever he may be—and we had confidence that the President
it, and without any information as to how the Senate stands will select a man who has had experience in some of those
upon that legislation.
staffs—deserves better than those that may follow him, in
I agree with what has been said against the proposition con that he will have the first organization of the great bulk of
tained in the conference report, which practically can be con the work, and will have to exercise the great skill that will
strued as nothing more nor less than an attack upon Gen. Wood. be necessary to amalgamate those departments.
- I have no particularly strong partisan feeling for Gen. W ood;
We of the Senate demanded that this officer should be a
hut I think it is a misuse of legislation, particularly of legisla brigadier general only. But as between a brigadier general
only, for all time, and the House proposition to have a major
tion by a conference committee, to single out an officer of the
Army and disqualify him from further continuance in his office general for all time, the Senator will see that we did not
transcend any bounds of proper conference when we compro
or for reappointment to his office.
But that is not all that I find fault with in the conference mised and said it should be a major general during the period
committee report. The conference committee not only usurps of construction and afterwards a brigadier general.
the functions of the House and the Senate in creating new legis
Mr. HITCHCOCK. I hope when the matter again goes to
lation, but it assumes executive functions. It names and ap conference the Senator from Wyoming, on behalf of the Senate,
points a board of retired officers to constitute, with two Senators will insist that the office shall be held by a brigadier general.
and two Members of the House of Representatives, a commission If that insistence is made effective I believe it will be a suf
to take into consideration the military posts of the United ficient answer to the rumors, which have been universal, that
States.
the major generalship is intended for a particular individual
I f it had been found proper by the conference committee to who is favored by certain parties in important position. I have
make that radical change in the House and Senate bill by the not charged that the Senator from Wyoming nor any member
creation of a commission, it at least might have left the selec of the Senate committee-----tion of the members of the commission to the War Department
Mr. WARREN. I will say to the Senator that I have been a
or to the President. But the conference committee has spe constant reader of the newspapers, and I have knocked about
cifically named the officers o f the Army who shall constitute quite a good deal among Senators and others, but the Senator
is alluding to what I have never heard alluded to by anybody
that commission.
else—that some particular man is selected for that position.
Mr. BRISTOW. I f the Senator will yield-----The VICE PRESIDENT. Does the Senator from Nebraska I do not believe that to be accurate.
Mr. HITCHCOCK. I think it will be sufficient assurance
yield to the Senator from Kansas?
that that will not occur if the opportunity for promotion is not
Mr. HITCHCOCK. Certainly.
Mr. BRISTOW. Let me suggest, also, that it might have offered—if the head of the department is required to be a
been left to the President of the Senate and the Speaker of the brigadier general at first as well as at any subsequent time.
Mr. WARREN. In fact, I do not know now to whom the
House to name the persons who shall represent the Senate and
the House. I thoroughly agree with the Senator from Ne Senator is alluding. I have not the faintest idea.
Mr. HITCHCOCK. I do not propose to tell the Senator,
braska that the report simply incorporates in the bill the names
of the officers that the conferees want appointed on the com although it is a matter which has been talked of so generally,
that I am very much surprised that it has not reached his
mission.
Mr. HITCHCOCK. Certainly the conference committee went ears; but, in any event, there is no reason that the Senator from
outside of its proper functions when it undertook to select the Wyoming can advanc’e—and I understand from the position he
takes that he does not believe there is any defense for it—
officers of the Army who shall constitute this commission.
The same conferees provide that there shall be selected two why the first head of that new department should be a major
■ :-■
Senators from the Military Affairs Committee of the Senate -cr/ra l. < > (p L ior the purpose of giving a promotion io a cer
and two Representatives from the Military Affairs Committee tain ind+Wffua
ie VICE PRESIDENT. The question is on agreeing to the
of the House to act with the military officers. I am rathqr |
'
surprised that they did not also name the Senators. They are conference report.
Mr. BRISTOW. On that I ask for the yeas and nays.
certainly more qualified to judge as to the fitness of Senators
The yeas and nays were ordered, and the Secretary proceeded
to sit upon the commission than they are to judge o f the fitness
of military officers to represent the War Department upon the to call the roll.
Mr. WARREN (when the name of Mr. Clark of Wyoming
commission.
So, -Mr. President, I object to this conference report, in the was called). My colleague [Mr. Clar k ] is paired with the
first place, because the Military Affairs Committee took such senior Senator from Missouri [Mr. S t o n e ] . I understand that
action as to indicate that it was against legislation; and I, for both those Senators would, if present, vote for the adoption of
one, if i were up against the necessity of accepting legislation, the conference report.
Mr. CURTIS (when his name was called). I am paired with
Would much prefer to accept the legislation proposed by the
House of Representatives rather than the legislation proposed the Senator from Nevada [Mr. N e w l a n d s ] . Were I at liberty
to vote, I should vote “ nay.”
by the conference committee.
Mr. GALLINGER (when his name was called). I am paired
I want to say to the Senator from Texas, who raised the
Point here a few moments ago, that the conference report does with the Senator from Arkansas [Mr. Clarke]. I will there
Work some economy in the expenditures of the War Department, fore withhold my vote.
Mr. GARDNER (when his name was called). I have a gen
to the extent, I think, of some $2,000,000. Yet the fact is that
the House bill, if it had been accepted in the form in which it eral pair with the junior Senator from Massachusetts [Mr.
came to the Senate, would have saved some $10,000,000. So, if C r a n e ] , and therefore withhold my vote.
Mr. IIEYBURN (when his name was called). I have a pair
there is any argument of economy, in my opinion, the House bill,
with its legislation, would have been infinitely preferable to the with the senior Senator from Alabama [Mr. B ankhead ], i
will withhold my vote.
bill which has come from the committee of conference.
CONGRESSIONAL RECORD— SENATE
7908
Mr. MARTIN of Virginia (when Mr. L e a ’ s name was called).
The Senator from Tennessee [Mr. L e a ] is unavoidably absent
owing to aflliction in his family. He is paired with the Senator
from Rhode Island [Mr. L i p p i t t ] .
Mr. O’GORMAN (when his name was called). I have a gen
eral pair with the senior Senator from Connecticut [Mr. B band e g e e ].
In his absence, I withhold my vote.
Mr. PAYNTER (when his name was called). I have a gen
e r a l pair with the Senator from Colorado [Mr. G u g g e n h e i m ] ,
and I therefore withhold my vote.
Mr. POMERENE (when his name was called). On this
question I am paired with the junior Senator from Tennessee
lMr. SaundebsI and withhold my vote.
Mr. RAYNER (when his name was called). I have a gen
eral pair with the junior Senator from Utah [Mr. S u t h e r l a n d ] .
The senior Senator from Massachusetts [Mr. L o d g e ] ' informs me
that the junior Senator from Utah would vote “ n ay” if pres
ent. So I will vote. I vote “ nay.”
Mr. DU PONT (when Mr. R i c h a r d s o n ’ s name was called).
My colleague [Mr. R i c h a r d s o n ] is necessarily absent. If pres
ent, he would vote “ yea.” I understand that he is paired with
the junior Senator from South Carolina [Mr. S m i t h ] , who
would also vote “ y ea ” if present.
Mr. SIMMONS (when his name was called). I have a gen
eral pair with the junior Senator from Minnesota [ M r . C l a p p ] .
I am advised that if he were present he would vote as I should
vote. I will therefore vote. I vote “ yea.”
Mr. SMITH of Arizona (when his name was called) I have
a pair with the senior Senator from New Mexico [Mr F a l l ]
I f he were present, I should vote “ yea.”
Mr. TOWNSEND (when liis name was called). I am paired
on this vote with the junior Senator f r o m Indiana [Mr. K e r n ] .
I f he were present and I were at liberty to vote, I should vote
“ nay.”
Mi- V ILLIAMS (when his name wras called). I have a gen
eral pair with the senior Senator from Pennsylvania [Mr. P e n
r o se ].
I transfer that pair to the Senator from Arkansas [Mr.
D a v i s ] , and I desire to vote.
I vote “ yea.”
The roll call was concluded.
Mr. BURNHAM. I have a general pair with the junior Sen
ator from Maryland [Mr. S m i t h ] . I wish to inquire if he has
voted.
The VICE PRESIDENT. He has not.
Mr. BURNHAM. Then I withhold my vote, as I am paired
with that Senator.
Mr. WATSON. I have a general pair with the senior Senator
from New Jersey [Mr. B r i g g s ] and withhold my vote. If I
were-permitted to vote, I should vote “ nay.”
Mr. TOWNSEND. The senior Senator from Michigan [Mr.
S m i t h ] is unavoidably absent from the Senate.
The result was announced—yeas 27, nays 24, as follows:
Bourne
Catron
Chamberlain
Crawford
Culberson
Cullom
Dillingham
Ashurst
Ilacon
Bradley
Bristow
Bryan
Burton
Bailey
Bankhead
Borah
Brandegce
Briggs
Brown
Burnham
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
YEAS—27.
Martine, N. J.
Myers
Oliver
Overman
Page
I’erkins
Shively
NAYS—24.
Chilton
Jones
Cummins
Lodge
Gore
Percy
Hitchcock
Toindcxter
Johnson, M
o.
Rayner
Johnston, Ala.
Reed
NOT VOTING—43.
Curtis
Kern
Dnvis
La Follette
Dixon
Lea
du Bout
Lippitt
Fall
Nelson
Gnllinger
Newlands
Gamble
O’Gorman
Gardner
Owen
Guggenheim
Payntcr
Heyburn
I’enrose
Kenyon
Pomerene
Fletcher
Foster
Gronna
Lorim
o.r
M
cCuinbcr
McLean
Martin, Va.
Simmons
Swanson
Tillman
Warren
Wetmore
Williams
Root
Smith, Ca.
Smoot
Stephenson
Thornton
Works
Richardson
Sanders
Smith, Ariz.
Smith, M
d.
Smith, M
ich.
Smith, S. C.
Stone
Sutherland
Townsend
Watson
J une 10,
PUBLIC BUILMNG AT LAS CRUCES, N. MEX.
Ml-. WARREN. Before I ask the Senate to proceed with the
legislative appropriation bill I yield to the Senator from
New Mexico [Mr. C a t r o n ] , who has a bill he wishes to call up.
Mr. CATRON. I ask unanimous consent to call up the bill
(S. 0745) to provide for the erection of a Federal building in
Las Cruces, N. Mex.
The VICE PRESIDENT. The bill will be read for informa
tion of the Senate.
The Secretary read the bill, and, there being no objection, the
Senate, as in Committee of tbe Whole, proceeded to its consid
eration.
The bill was reported from tbe Committee on Public Buildings
and Grounds with amendments, in line 9, before the word
“ thousand,” to strike out “ seventy-five” and insert “ ten,” and
in line 10, after the word “ dollars,” to strike out the remainder
of the bill in the following.words, “ and there is hereby appro
priated the amount of one hundred and seventy-five thousand
dollars for such construction,” so as to make the bill read:
l i e it e n a c te d , e t c ., That the Secretary of the Treasury be. and he is
hereby, authorized and directed to cause to be erected a suitable building
for the use and accommodation of the United States post office, United
States court and land office, and other Government offices in Las Cruces,
Dona Ana County, N. Mex., upon the site heretofore authorized, at a
total cost of not m
ore than $110,000.
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.
LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. WARREN. I move that House hill 24023 he now pro
ceeded with.
.
The motion was agreed to, and the Senate, as in Committee
of the Whole, resumed the consideration of the bill (H. It. 24023)
making appropriations for tbe legislative, executive, and judicial
expenses of tlie Government for tbe fiscal year ending June 30,
1913, and for other purposes.
Tbe VICE PRESIDENT. Tbe Secretary will begin tbe read
ing at the point where it was discontinued.
The reading of the bill was resumed at page 124, line 14.
The next amendment of the Committee on Appropriations was,
under the head of “ Department of Justice,” on page 124, line 17,
before the words “Assistant Attorneys General,” to strike out
“ s ix ” and insert “ seven” ; in line 21, before the word “ attor
neys,” to strike out “ three ” and insert “ four ” ; in line 22,
after the word “arising,” to strike out “ therefrom ” and insert
“ from such condemnation proceedings” ; on page 125, line 4,
after the word “ attorneys,” to insert “ one at $4,000” ; in line
5, after the word “ each,” to strike out “ one at $2,500 ” and
insert “ two, at $2,500 each ” ; in line 13, after the word “ law
clerks,” to insert “ one at $2,500 ” ; in line 18, before tbe words
“ disbursing clerk,” to insert “ assistant superintendent of
prisons, $2,000 ” ; in line 19, after tbe words “ Chief of,” to strike
out “ division” and insert “ Bureau” ; in line 21, after tbe sum
“ $1,800,” to insert “ clerk to also act as disbursing clerk dur
in g ’ absence of the disbursing clerk, $2,000; clerk in charge,
Division of Mail and Files, $2,000; clerk in charge, Division of
Supplies, $2,000” ; on page 12G, liije 1, before the words “ of
class 4,” to strike out “ eight ” and insert “ four ” ; in the same
line, before the words “ of class 2,” to strike out “ six,” and in
sert “ seven ” ; in line 2, before the words “ of class 1,” to strike
out “ fifteen ” and insert “ sixteen ” ; in the same line, before
the words “ at $1,000 each,” to strike out “ thirteen ” and in
sert “ fifteen” ; in line 3, before the words “ at $900 each,” to
strike out “ twenty ” and insert “ twenty-two ” ; in the same
line, after the word “ each,” to insert “ clerk in charge steno
graphic division, $1,600” ; in line 5, before the word “ messen
g er, to strike out “ five” and insert “ seven” ; and in line 13,
.after the words “ in all,” to strike out “ $407,010 ” and insert
“ $437,090,” so as to make the clause read:
O
ffice of tho Attorney General: Attorney General. $12,000 ; Solicitor
General, $10,000 ; assistant to the Attorney General. $7,000 ; 7 Assist
ant Attorneys General, at $5,000 each ; Assistant Attorney General of
So the report of tho committee of conference wa^agreed to.
the l’ost O
ffice Department. $5,000; Solicitor of Internal Ifovenue,
Mr. DU PONT. I understand that I nm.mdfrecorded on the $5,000 ; Solicitor for the Department of State, $5,000 ; 4 attorneys, at
$5,000 each, one of whom shall have charge of all condemnation pro
vote just taken. I desire to inquire.if-that is correct.
ceedings in the District of Columbia and supervise the examination of
The VICE PRESIDENT. The Senator from Delaware is not titles and matters arising from such condemnation proceedings in
which the United States shall he a party or have an interest, and no
recorded.
of persons other
Mr. DU PONT. I ask unanimous consent to record my vote. special attorney or counsel, or servicesfor such purposes ;than of those
provided for herein, shall be cmploved
attorneys—l
The VICE PRESIDENT. That can not now be done.
at $4,000, 1 at $3,750, 3 at $3,500 each, 1 at $3,250. 12 at $3,000
each, 2 at $2,500 each ;
2 at
Mr. DU TONT. I will say that if my name had been called each, 2 at $2,750 each, 5 assistant attorneys—1 at $3,500, $2,000 $3,000
at |2,500 each, 1 at $2,400, 2 at
each ;
I would have voted in the affirmative.
assistant examiner of titles, $2,000; chief clerk and ex officio super
intendent of the buildings, $3,000 ; superintendent of buildings, $500 ;
The VICE PRESIDENT. The Senator’s name was called.
General. $3,000 clerk to
Mr. DU PONT. I was present in the Chamber. Then I could private secretary and assistant to the Attorneyto tho Solicitor ;General
the Attorney General, $1,600: stenographer
not have heard it.
$1,600; law clerks—1 at $2,500, 3 at $2,000 each, 2 of class 4, clerk in
1912.
CONGRESSIONAL RECORD— SENATE
Mr. PAYIJTER Pjvhen liis name was called). I have a^eneral pair with the Senator from Colorado [Mr. (McGE^eoSiM].
In liis abspnceAi witlib<5j3. my v o te ^
y//
Mr. D ¥
Mj R ^ iae^ on’ s lmmef^ivaiL-CaWed).
^
I»efiM !wwfT^^lodes?!nipy absent. On this
vote be is paired with the junior Senator firom South Carolina
[Mr. Smitij^
If he were present and 'free to vote, my col
league wotfRd vote “ yea.”
Mr. S^^'^^f->Ar^oi^^O vim n his name was caU^d). I am
absen^^iiM ve tieen informed that, if he were presenLmT'yould
vote “ nay.” I apj^extremely anxious to vote in this case, but
not having heard directly from the Senatpf from New Mexico,
I withhol(l^Hiv_vote.
/
Mr. WATSON
apm?yvfis/efti 1 .“HP transfer my
ed)
general p^i^^riT b -lh e ^ a ie r fs e ^ a to r from New Jersey [Mr.
B r i g g s ] to the junior Senator from Arkansas [Mr. D a v i s ] and
vote. I vote “ nay.”
Mr. WILLIAMS (when his name was called). I have a pair
with the senior Senator from Pennsylvania [Mr. P e n r o s e ] . If
he were present, Uhd 1""were at liberty to vote, I should vote
nay.”
The roll call was concluded.
Mr. GALLINGER. I have announced my pair with the Sen
ator from Arkansas [Mr. C l a r k e ] ; but I will transfer that pair
to the Senator from Tennessee [Mr. S a n d e r s ] and vote. I vote
“ yea.”
Mr. JONES. I am requested to announce that the senior
Senator from Kansas [Mr. C u r t i s ] is paired with the senior
Senator from Nevada [Mr. N e w l a n d s ] .
Mr. BURNHAM. I have a general pair wfitli the Senator
from Maryland [Mr. S m i t h ] . In his absence, I withhold my
vote. I f he were present, and I were at liberty to vote, I should
vote “ yea.”
Mr. HEYBURN (after having voted in the negative). Mr.
President, I desire to announce that I have a pair -with the
senior Senator from Alabama [Mr. B a n k h e a d ] . I have been
advised that if he were present he would vote “ nay,” and
therefore I have voted. I do not see him in the Chamber,
and I have not been personally instructed by him that I was
at liberty to vote. I will therefore withdraw my vote.
The VICE PRESIDENT. The Senator from Idaho with
draws his vote.
Mr. JOHNSTON of Alabama. I am quite satisfied if the
senior Senator from Alabama [Mr. B a n k h e a d ] were present he
would vote the same way as has the Senator from Idaho.
Mr. HEYBURN. On the strength of the statement o f the
Senator from Alabama, I will allow my vote to stand.
Mr. LODGE. I desire to announce that my colleague [Mr.
C r a n e ] is necessarily absent.
He has a general pair with the
junior Senator from Maine [ M r . G a r d n e r ). If present and at
liberty to vote, my colleague would v o t e -y e a .”
The result was announced—yeas 24, nays ?M,, as follows:
Bradley
Burton
Catron
Cullom
Dillingham
du Pont
YEAS—24.
Oliver
Page
Perkins
Root
Smith, Mich.
Smoot
NAYS— 36.
Johnston, Ala.
Culberson
L a Follette
Cummins
Martin, Va.
Fletcher
Martine, N. J.
Gardner
Myers
Gore
Nelson
Gronna
Overman
Heyburn
Percy
Hitchcock
Johnson, Me.
Poindexter
NOT VOTING— 34.
Kern
Crane
Lea
Curtis
Lippitt
Davis
Newlands
Dixon
O’Gorman
Fall
Owen
Foster
Paynter '
Gamble
Penrose
Guggenheim
Richardson
Kenyon
Gallinger
Jones
Lodge
I.orimer
McCumber
McLean
N»
Stej^henson
Sutherland
Thorntofr...
Townsend \
Warren
Wetmore
7969
The S e c r e t a r y . On page 150, beginning at the top of the
page, it is proposed to insert:
„ United States Commerce Court: For clerk, $4,000; deputy clerk,
$2,500; marshal, $3,000; deputy marshal, $2,500; for rent of necessary
quarters in Washington, D. C., and elsewhere, and furnishing sprue for
the United States Commerce Court; for books, periodicals, stationery,
printing, and binding; for pay of bailiffs and all other necessary employees at the seat of government and elsewhere, not otherwise spe
cifically provided for, and for such other miscellaneous expenses as may
be approved by the presiding judge, $50,000 ; in all, $62,000.
The VICE PRESIDENT. The question is on agreeing to the
amendment.
The amendment was rejected.
The VICE PRESIDENT. There is an amendment on page
147, which was passed over.
Mr. WARREN. Mr. President, I do not know whether ex
actly the same question is involved in the amendment on page
147, but I should like to have it read, so that Senators may
consider it.
The VICE PRESIDENT. The Secretary will state the amend
ment on page 147.
Mr. OVERMAN. Mr. President, that presents a very impor
tant question as to whether or not the abolition of the Commerce
Court abolishes the judges of that court. It seems tliat the
House thought not, because they have provided here that no
further circuit judges shall be appointed until their number
shall be reduced to 29, and that thereafter there shall not be
more than 29 circuit judges. My own opinion is that the adop
tion of the House provision as to abolishing the court abolishes
the judges.
The VICE PRESIDENT. The Secretary will state the
amendment.
Mr. HEYBURN. Mr. President, I should like to make this
I suggestion to the Senator from North Carolina. These judges
were not created as judges of the Commerce Court, but were
created as judges of the United States circuit courts as then
established.
Mr. OVERMAN. I know that is the question involved.
Mr. WARREN. The question now is whether we wish to
reduce the number o f circuit judges to 29 as fast as the present
judges may die or retire.
The VICE PRESIDENT. The amendment will be stated.
The S e c r e t a r y . On page 147, after line 10, it is proposed to
strike o u t:
No circuit judge shall hereafter be appointed until the whole number
of circuit judges shall be reduced to 29, and thereafter there shall not
be more than 29 circuit judges.
Mr. CUMMINS. Mr. President, a part of that amendment I
favor entirely, but there is a part o f it that I do not quite un
derstand. I ask the attention of the Senator from North Caro
lina. The law under which these judges were appointed reads
as follow s:
The President shall, by and with the advice and consent of the Sen
ate appoint five additional circuit judges no two of whom shall be from
the’ same judicial circuit, who shall hold office during good behavior and
who shall be from time to time designated and assigned by the Chief
Justice of the United States for service in the circuit court for any dis
trict, or the circuit court of appeals for any circuit or in the Commerce
Court.
These five judges are therefore assignable to any circuit by
the Supreme Court of the United States.
Mr. OVERMAN. I am aware of that fact, but I want to say
Pomerene
Ashurst
to the Senator-----Itayner
Bacon
Mr.' CUMMINS. Therefore, unless we desire to relieve them
Reed
Bourne
of their offices—and I do not understand the House bill goes to
Shively
Bristow
that extent— it is perfectly clear that they would be assigned to
Simmons
Bryan
Smith, Ga.
Chamberlain
the various circuits. What does the Senator from North Caro
Swanson
Chilton
lina think of the provision that thereafter— that is, after the
Clapp
Tillman
whole number of circuit judges is reduced to 29—there shall not
Watson
Crawford
be more than 29 circuit judges?
Mr. OVERMAN. I do not agree to that at all.
Bailey
Sanders
Smith, Ariz.
Bankhead
Mr. CUMMINS. I hoped the Senator from North Carolina
Smith, Md.
Borah
would not agree to that, because we do not know how many
Smith, S. C.
Brandegee
Briggs
circuit judges we may require as the years go on.
Stone
Williams
Brown
Mr. OVERMAN. I do not agree to that; I agree with the
Works
Burnham
Senator. I also think that there ought to be an amendment
Clark, Wyo.
repealing the section of the law which makes judges of the
Clarke, Ark.
Commerce Court circuit judges. I understood the Senator from
So the amendment of the committee was rejected.
The VICE PRESIDENT. The question now is upon agree Minnesota was going to offer an amendment which would repeal
ing to the amendment on page 147, which the Secretary will the provision of law creating the judges of the Commerce Court.
I think the idea of the Senate is that these judges ought to be
state.
Mr„ WARREN. I prefer to first take up the amendment on abolished as well as the court.
Mr. CLAPP. Mr. President-----Page 150.
The VICE PRESIDENT. Does the Senator from Iowa yield
The VICE PRESIDENT. Without objection, action will next
be taken upon the amendment on page 150, which the Secretary to the Senator from Minnesota?
Mr. CUMMINS. I do.
Will state.
7970
CONGRESSIONAL RECORD— SENATE
J une 11,
Mr. CLAPP. I had Intended to introduce such an amend omitted altogether the effect would be the same as though they
ment. My own judgment is, however, that we had better adopt were retained, so far as reducing the number of circuit judges
the House language in lines 11 and 12 down to the word “ nine,” is concerned?
Mr. CUMMINS. No. If the House provision in this respect
in line 13. That prohibits the appointment of any more judges
until the number is reduced to 29, and then we could strike out is retained, when a vacancy occurs, either by death or resigna
the House provision limiting the number of circuit judges to tion, we have a law that prohibits the President from appoint
29, and take up later the question of disposing of these five ing any person to fill that vacancy. If, on the other hand, the
language of the House is not retained, upon the happening of
judges.
Mr. CUMMINS. So far as I am concerned I had it in mind that event it would be for Congress to determine whether the
to offer just that amendment, but I do not believe that we judicial force of the United States ought to be enlarged.
Mr. POINDEXTER. Would it not be the duty of the Presi
should say that thereafter there shall be no more than 29
dent to make the appointment without any action of Congress?
circuit judges.
If the vacancy occurs, he would make the appointment, and it
Mr. CRAWFORD. May I ask the Senator a question?
would be sent to the Senate for confirmation.
Mr. CUMMINS. Yes.
Mr. CUMMINS. I do not think so.
Mr. CRAWFORD. I may betray my ignorance in doing so,
Mr. IIEYBURN. Suppose I read the law, if the Senator from
but how many circuit judges have we now?
Iowa will permit me.
Mr. CUMMINS. Thirty-four.
Mr. CUMMINS. Very well.
Mr. CRAWFORD. This, then, is a proposal to reduce the
Mr. HEYBURN. This law was enacted since the Commerce
existing number from 34 to 29?
Court was created, and of course will take precedence. The
Mr. CUMMINS. It is.
Mr. CRAWFORD. How is such a thing as that to be done? provisions with Teference to the circuit courts are definite. The
Mr. CLAPP. The Senator does not understand the question. judges are not appointed at large; the appointment must be to
Mr. CUMMINS. If any circuit judge should die or resign, some circuit. None of the judges of the Commerce Court are
then it is intended to prevent the appointment of anyone in his accredited to any circuit. Since the enactment of the Com
I>lace until the whole number is reduced to 29.
merce Court law we have enacted this la w :
Mr. POINDEXTER. r his whole number of 34 includes the
T
Sec. 116. There shall be nine judicial circuits of the United States,
judges of the Commerce Court.
constituted as follows—
Mr. CRAWFORD. The existing 34 includes the members of
Then they are described.
the Commerce Court?
Sec. 117. There shall be in each circuit a circuit court of appeals,
which shall consist of three judges, of whom two shall constitute a
Mr. CUMMINS. It does.
Quorum, and w
hich shall be a court of record, with appellate junsdicMr. CRAWFORD. And we have abolished the court so that tinn
limited and established.
it leaves these judges to perform the duties of circuit judges
Section 18 provides:
under some assignment to the respective circuits; but i have
There shall be in the
eighth circuits, respectively,
not yet been able to quite understand the proposal to reduce the four circuit indues: in second, seventh, and two circuit judges ; and in
the fourth circuit,
number of circuit judges from 34 to 29.
each of the other circuits three circuit judges, to be appointed by the
__ i. _____________-i
od-trieo nnri pnnspnf. nr the Sonav.fi.
Mr. CUMMINS. I do not believe that the provision ought to
be in the bill at all. We have 34 circuit judges now. If the
Tbat is all the circuit judges there can be under existing law.
Commerce Court is abolished, and if one of the circuit judges
Mr. CUMMINS. I do not understand the law quite that way,
shall die or resign, then it is for Congress to determine whether Mr. President.
we need another circuit judge. The 5 circuit judges who are
Mr. HEYBURN. I have read it.
upon the Commerce Court simply go out into the circuits and
Mr CUMMINS. I mean I do not give it the interpretation
take up the general work of those courts.
the Senator from Idaho does. We have 34 circuit judges ac
Mr. WARREN. Will the Senator allow me?
tually in existence. If you will multiply 9 by 3 you have 27,
Mr. CUMMINS. Yes.
and then if you will add the circuits that are entitled to 4 you
Mr. WARREN. I understand that now the judges who are will have 29, and you will still have 5 circuit judges unac
doing the work of the Commerce Court are assigned from time counted for. and they are the circuit judges who are now
to time to aid in the circuits where the judges are overworked. holding the Commerce Court.
I understand they have been to Arizona and to other States.
Mr HEYBURN. I will come to that in a moment.
Mr. CUMMINS. I so understand.
Mr! SMITH of Georgia. Will not the Senator frojn Idaho
Mr. WARREN. As I understand, we have 34 circuit judges, speak a little louder; we can not hear him, and we are very
5 of whom are on the Commerce Court, detailed to that court’ much interested in our iocal circuits.
and while they have been doing the work of the Commerce
Mr. HEYBURN. Yes; I will.
Court they have also been doing work under assignment in the
Mr. CUMMINS. Mr. President, what would happen under
circuits. It seems to me that this provision in the House b;ll the statement made by the Senator from Idaho—and his state
is far too drastic, because it states that hereafter there shall ment is absolutely correct—if a circuit judge in any circuit
not be more than 29 circuit judges. Of course, we can correct should die or resign? That circuit is entitled to three judges
that by legislation; but is it necessary now to say that? That or four, as the case may be.
is the question.
Mr. HEYBURN. They are fixed definitely.
Mr. CUMMINS. Obviously not; we ought not to say it.
Mr. CUMMINS. There are two or three circuits that have
Mr. WARREN. First, I think we ought to settle whether we four judges.
.
want 34 circuit judges and whether there is need for the extra
Mr. LODGE. Three circuits have four judges.
judges in the different circuits. In many of the circuits the
Mr. CUMMINS. Thereupon one of the circuit judges now
work is piled up and the judges are far behind. That being holding the Commerce Court could be assigned to that circuit,
determined, the question is whether you shall retain 34 circuit and it would still have the three judges that the law requires,
judges or gradually reduce the number to 29.
or the four judges, as the case may be.
Mr. CRAWFORD. If we decide that we do not want the 34
Mr. HEYBURN. I think not. Now, let us see. If the Sena
and in a blanket declaration reduce the number to 29 who is tor will pardon me, I think we can straighten out this matter
going out? There are 34 circuit judges now.
from a law subsequent to the act creating the Commerce Court.
Mr. CUMMINS. Answering the Senator from South Dakota
This is a provision in the judiciary act—existing law:
so far as I am concerned, I do not think any part of this nrnrhere shall be a court of the United States, to be known as the
vision ought to be in the bill.
m
rnerce Court which shall be a court of record, and shall have a
1 of such form and style as the court may prescribe. The said court
Mr. WARREN. None of them go out of office, as I under
stand, until they die, resign, or retire; but as they retire the
number is finally reduced to 29, if the House provision is to
That is the Commerce Court. That is not a circuit court.
govern, because no other judges will be appointed in their place We changed this somewhat in revising the judiciary act, so that
Mr. CRAWFORD. We can cross a river of that kind when it is not safe to take the act creating the Commerce Court as
we come to it.
printed there.
Mr. WARREN. That is why I wanted this question consid
Now let me read further:
ered and decided on an entirely different basis than that re
The said court shall be com
posed of five judges, to be from time to
garding the Commerce Court proper.
time designated and assigned thereto by the Chief Justice of the United
States, from among the circuit judges of the United States, for the
Mr. POINDEXTER. Mr. President-----The VICE PRESIDENT. Does the Senator from Iowa yield period of five years—
to the Senator from Washington?
That does not necessarily involve enlarging the number of
Mr. CUMMINS. I do.
circuit judges, because under that provision the circuit judges
Mr. POINDEXTER. I understand the view of the Senator already designated, to whom I have called attention, would be
from Iowa is that if these lines in the House bill should be drawn upon to constitute the court.
1912
CONGRESSIONAL RECORD— SENATE
sundry citizens of East Jordan, Mich., praying for the establish
ment of a parcel-post system, which were referred to the Com
mittee on Post Offices and Post Roads.
He also presented a petition of sundry citizens of Saginaw,
Mich., praying for the enactment of legislation providing for
the construction of one of the proposed new battleships in the
Brooklyn Navy Yard, which was ordered to lie on the table.
lie also presented a memorial of members of the Grand
Traverse Lincoln Club, of Traverse City, Mich., remonstrating
against the further diversion of the waters of Lake Michigan,
which was referred to the Committee on Commerce.
He also presented a petition of sundry citizens of the State of
Michigan, praying for the enactment o f an interstate liquor law
to prevent the nullification of State liquor laws by outside
dealers, which was referred to the Committee on the Judiciary.
He also presented a memorial of sundry citizens of Allen and
Quimby, in the State of Michigan, remonstrating against the
enactment of legislation compelling the observance of Sunday
as a day of rest in the District of Columbia, which was ordered
to lie on the table.
He also presented a petition o f the Trades and Labor Council,
of Grand Rapids, Mich., praying for the enactment of legislation
to regulate the method of directing the work of Government
employees, which was ordered to lie on the table.
REPORTS OF CO M M IT TE E S.
Mr. CHAMBERLAIN, from the Committee on rnblic Lands,
to which was referred the bill (S. 58S5) supplementing the joint
resolution o f Congress approved April 30, 1908, entitled “ Joint
resolution instructing the Attorney General to institute certain
suits, etc.,” reported it with amendments and submitted a report
(No. S71) thereon.
Mr. SIMMONS, from the Committee on Commerce, to which
was referred the bill (H. R. 22006) authorizing the Choctawhatcliee River Light & Power Co. to erect a dam across the
Choctawhatchee River in Dale County, Ala., reported it without
amendment and submitted a report‘ (No. S72) thereon.
Mr. HEYBURN, from the Committee on Public Lands, to
which was referred the joint resolution (S. J. Res. 114) direct
ing the Secretary o f the Interior to amend the patent issued
to the State of Idaho for lands described herein, reported it
with amendments and submitted a report (No. 874) thereon.
E L IZA B E T H
B. PRESTON .
Mi*. ASHURST. From the Committee on Pensions I report
back favorably, with amendments, the bill (S. 5176) granting a
pension to Elizabeth B. Preston, and I submit a report (No. 870)
thereon.
Mr. SWANSON. I should like to ask for the immediate
consideration of the bill.
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 Whole, proceeded to its
consideration.
The amendments were, in line 6, to strike out the word
“ Captain” and also the name “ Ballard” and insert the ini
tial “ B.” ; before the word “ Company,” in line 7, to strike out
“ o f ” and insert the word “ captain” ; and in line 9, before
the word “ dollars,” to strike out “ fifty ” and insert “ twenty,”
so as to make the bill read:
l i e i t e n a c t e d , e t c . , That the Secretary of the Interior be, and he is
hereby, authorized and directed to place on the pension roll, subject
to the provisions and limitations of the pension laws, the name of
Elizabeth B. Preston, widow of William B. Preston* late captain Com
pany I, Forty-third Regiment United States Volunteer Infantry, War
with Spain, and pay her a pension at the rate of twenty dollars per
month.
The amendments were agreed to.
The bill was reported ito 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.
A R M Y A P PR O PRIATIO N B IL L .
Mr. MARTINE of New Jersey. Mr. President, I desire to
move a reconsideration of the vote by which the conference re
port on House hill 18956, the Army appropriation bill, was
agreed to.
Mr. LODGE. &r. President, I rise to a question o f order on
that motion.
The VICE PRESIDENT. The Senator will state it.
Mr. LODGE. The motion is made, and it is necessary under
tlie circumstances to accompany it with a motion that the nouse
be requested to return the papers.
The VICE PRESIDENT. The Senator from Massachusetts
is correct.
7983
Mr. LODGE. I make that motion, and pending it I make the
point that there is no quorum present.
The VICE PRESIDENT. The question that no quorum is
present is raised, and the Secretary will call the roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Bourne
Bradley
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Crawford
Culberson
Cullom
Cummins
Curtis
Dillingham
< Pont
lu
Fletcher
Foster
Gallinger
Gardner
Gronna
Guggenheim
Hejburri
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
Lippitt
Dodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Oliver
Overman
Page
Percy
Perkins
Poindexter
Pomerene
Boot
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, M
ich,
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
Watson
Wetmore
The VICE PRESIDENT. Sixty-five Senators have answered
to the roll call. A quorum of the Senate is present. The Sen
ator from New Jersey enters a motion to reconsider the vote
by which the conference report on the Army appropriation bill
was agreed to, which, under the rule, must be accompanied by a
motion to request the House to return the papers to the Senate,
the papers having passed froni the possession- o f -tlieJSenate.
The Chair thinks thq inotihh''should be one motion, as" ‘made
by the Senator from New Jersey.
" ..
Mr. MARTINE o f New Jersey. I accept the amendment.
'
The VICE PRESIDENT. No amendment is necessary. The
question is upon agreeing to the motion to request the House of
Representatives to return to the Senate the papers in the ease.
[Putting the question.] The “ ayes” appear to have it.
SwMr. WARREN. I ask for the yeas and nays.
The^yeas and nays were ordered, and the Secretary proceeded
to calPnlg*B>M
.__
Mr. B R A N D E ^ W T K ^ - ^ 'n M e ''w a s called). I have a
general pair with the junior Senator from New York [Mr.
O’Gorman]. Not seeing him present, I withhold my vote.
Mr. BRYAN (when his name was called). I have a pair
with the Senator from Wyoming [Mr. Clar k ], and therefore
withhold my vote.
Mr. BURNHAM (when his name was called). On this vote
I am released from my general pair with the junior Senator
from Maryland [Mr. S m it h ], and am at liberty to vote. I vote
“ nay.”
Mr. CURTIS (when his name was called). I am paired with
the Senator from Nevada [Mr. N k w l a n d s ] , but I have' been i n
formed by at least two Senators and by others who are ac
quainted with the views of the Senator from Nevada, that we
would vote the same way o n this question. I therefore vote
“ yea.”
Mr. GALLINGER (when his name was called). I have a
general pair with the Senator from Arkansas [Mr. Clarke],
and therefore withhold my vote.
Mr. GARDNER (when his name was called). I have a gen
eral pair with the junior Senator from Massachusetts [Mr.
Crane]. He not being present, I withhold my vote.
Mr. CRAWFORD (when Mr. Gamble’s name was called).
My colleague [Mr. Gamble] is necessarily absent. I desire to
announce that he has a general pair with the Senator from
Oklahoma [Mr. Owen ]. I f he were present, my colleague would
vote “ nay.”
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ]. In
his absence I refrain from voting.
Mr. McCUMBER (when his name was called). The senior
Senator from Maryland [Mr. Rayner ] is necessarily absent, and
requested me to pair with him upon this vote. I f I were at
liberty to vote, I should vote “ nay,” but I withhold my vote in
conformitv with the agreed pair.
Mr. POMEEENE (when his name was called). On this
matter I have a pair with the junior Senator from Tennessee
[Mr. Sanders]. Therefore I withhold my vote. I f the Senator
from Tennessee were present, I should vote “ yea.”
Mr. SMITH of Arizona (when his name was called). I am
paired with the Senator from New Mexico [Mr. F all], but I
transfer that pair to the junior Senator from Indiana [Mr.
K ern] and vote. I vote “ nay.”
Mr. SUTHERLAND (when his name was called). I have a
general pair with the Senator from Maryland [Mr. R ayner ], but
on this vote the Senator from Maryland stands paired with the
Senator from North Dakota [Dir. McCumber]. I therefore vote.
I vote “ yea.”
7984
Mr. WATSON (when his name was called). On account of
py general pair with the senior Senator from New Jersey [Mr.
B r i g g s ] I withhold my vote.
If I were at liberty to vote, I
should vote “ yea.”
Mr. MARTINE of New Jersey (when the name of Mr. W i l
l ia m s
was called). I desire to state that the Senator from
Mississippi [Mr. W i l l i a m s ] is paired with the Senator from
Pennsylvania [Mr. P e n r o s e ] .
The roll call was concluded.
Mr. CHILTON (after having voted in the affirmative). I
Inadvertently voted. I have a pair with the Senator from Dela
ware [Mr. R i c h a r d s o n ] , and therefore I desire to withdraw m y
vote.
Mr. SHIVELY. I desire to state that my colleague [Mr.
K e r n ] is absent o n important business.
lie is paired on this
vote with t h e junior Senator from N e w Mexico [Mr. F a l l ] .
Mr. HEYBURN. I desire to announce my general pair with
the senior Senator from Alabama [Mr. B a n k h e a d ] . I therefore
withhold my vote.
Mr. GARDNER. Mr. President, since my name was called I
have been informed that the Senator from Massachusetts [Mr.
C r a n e ] , with whom I am paired, if present, would vote “ yea.”
Therefore I feel at liberty to vote. I vote “ yea.”
Mr. GORE. My colleague [Mr. O w e n ] is paired with the
senior Senator from South Dakota [Air. G a m b l e ] . He is neces
sarily absent from the Senate.
Mr. GUGGENHEIM. I wish to advise the Senate that I
voted with the consent of my general pair, the Senator from
Kentucky [Mr. P a y n t e r ] , who is absent.
Mr. BRADLEY. I am paired with the senior Senator from
Missouri [Mr. S t o n e ] . If he were present I should vote “ y e a . ”
He being absent, I decline to vote.
The result was announced—yeas 28, nays 29, as followsAs'nnrst
Bacon
Bristow
Brown
Burton
Clapp
Cummins
Bourne
Burniiam
Catron
Chamberlain
Crawford
Culberson
Cullom
Dillinghatn
Bailey
Bankhead
Borah
Bradley
Brandegce
Briggs
Bryan
Chilton
■C
lark, Wyo.
Clarke, Ark.
J une 12.
CONGRESSIONAL RECORD— SENATE.
YEAS—28.
Curtis
Kenyon
Gardner
Lodge
Gore
Martine, N. J.
Hitchcock
Nelson
Johnson, M
e.
Percy
Johnston, Ala.
Perkins
Jones
Poindexter
NAYS—29.
du Pont
Oliver
Fletcher
Overman
Foster
Page
Gronna
Shively
Guggenheim
Simmons
Lorimer
Smith, Ariz.
Martin, Va.
Smith, Mich.
Myers
Smith, S. C
.
NOT VOTING—37.
Crane
Lippitt
Davis
MeCumber
Dixon
McLean
Fall
Newlands
Gallinger
O’Gorman
Gamble
Owen
Ileyburn
Paynter
Kern
Penrose
La Follette
Pomerene
Lea
Rayner
Reed
Root
Smith, Ga.
Smoot
Sutherland
Thornton
Townsend
Stephenson
Swanson
Tillman
Warren
Wetmore
Richardson
Sanders
Smith, Md.
Stone
Watson
Williams
Works
authorized to appoint commissioners to represent the United
States at any sucli conference, whether called by the United
States or any other nation, the purpose of said conference
being” ; in lino 15, after the word “ appliances,” to strike out
“ regulations concerning accommodations for steerage pas
sengers and crews ” ; on page 2, line 5, after the word “ naviga
tion,” to strike out “ the establishment of a patrol system in
the region of ice, or elsewhere, or of a system of convoys for
ocean-going vessels, or of a relief station at Cape Race or else
where, or o f ” and insert “ the establishment o f ” ; and on page
2, after line 10, to strike out “ Sec. 2. That the President is
hereby further requested to communicate to Congress at the
earliest possible time the substance of the replies of maritime
nations, with his recommendations upon the desirability of call
ing an international maritime conference at Washington for the
purposes named ” and insert: “ Sec. 2. That in case such in
ternational maritime conference shall be called by the United
States or any other nation the sum of $10,000 is hereby appro
priated out of any money in the Treasury not otherwise appro
priated for the expenses of the representatives of the United
States at said conference,” so as to make the joint resolution
read:
R e s o l v e d , e t c ., That the President be authorized to convey to mari
time nations the desire of Congress that an international maritime con
ference be held, and that he be also authorized to appoint commissioners
to represent the United States at any such conference, whether called
by the United States or any other nation, the purpose of said con
ference being to consider uniform laws and regulations for the greater
security of life and property on merchant vessels at sea, including, if
practicable, regulations to establish standards of efficiency of the officers
and crews of merchant vessels and the manning of such vessels ; regu
lations for the construction and inspection of hulls, boilers, and ma
chinery • regulations for equipment of ocean steamers with radio ap
paratus’ searchlights, submarine bells, lifeboats, and other life-saving
and fire-extinguishing appliances; regulations concerning lights, sound
signals steering and sailing rules ; regulations for an international sys
tem of reporting and disseminating information relating to aids and
perils to navigation ; the establishment of lane routes to be followed
bv trans-Atlantic steamers; and such other matters relating to the
security of life and property at sea as may be proposed.
Sec 2 That in case such international maritime conference shall be
called by the United States or any other nation the sum of $10,000 is
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, for the expenses of the representatives of the United
States at said conference.
Tbe amendments were agreed to.
Mr. HEYBURN. Mr. President, I should like to inquire of
the Senator presenting this report whether or not the action of
this maritime conference would be submitted to the Congress of
the United States for approval?
Mr. LODGE. It would have to be; tnere could be no agree
ment made without its submission to Congress.
Mr. HEYBURN. After the maritime conference have agreed
upon a report?
Mr. LODGE. Absolutely.
The joint resolution was reported to the Senate as amended,
and the amendments were concurred in.
The amendments were ordered to be engrossed and the joint
resolution to be read a third time.
The joint resolution was read the third time and passed.
per so n n e l of t h e
n a vy and
m a r in e
co rps.
Mr. JOHNSON of Maine. On behalf of the junior Senator
Soothe motion o f Mr. M a r t i n e o f New Jersey was rejected.
Mr. WARREN. Mr. President, I now ask that the Senate f r o m Louisiana [Mr. T h o r n t o n ] I report from the Committee
on Naval Affairs the bill (S. G453) to amend an act entitled “An
take up tffiH«tiiaIntiye appropriation bill.
act to reorganize and increase the efficiency of the personnel of
Mr. HEYBURN. Tffre^the morning business been closed?
The VICE PRESIDENT. Morning business has not yet been the Navy and Marine Corps of the United States,” approved
March 3: 1899, to report it with an amendment, and I submit a
closed.
Mr. T ARREN. Then I will withhold the motion. I sup report (No. 873) .thereon.
V
Mr. GALLINGER. Mr. President, I ask unanimous consent
posed that the morning business had closed.
for the present consideration of the bill.
in t e r n a t io n a l m a r it im e co n fe r e n c e .
The VICE PRESIDENT. The Secretary will read the bill
Mr. LODGE. I am directed by the Committee on Foreign for the information of the Senate.
Relations, to which was referred the joint resolution (II. J.
The Secretary read the bill.
Res. 299) proposing an international maritime conference, to
The VICE PRESIDENT. Is there objection to the present
ieport it with amendments, and I ask for its present con consideration of the bill?
sideration.
Mr. WARREN. What is this bill, and how did it come up?
The VICE PRESIDENT. The Secretary will read the joint
The VICE PRESIDENT. On a request for unanimous con
resolution for the information of the Senate.
sent for its present consideration.
The Secretary read the joint resolution; and there being no
Mr. WARREN. I wish to say that while I shall not object
objection, the Senate, as in Committee of the Whole, proceeded to the consideration of this bill, I shall be compelled to object
to its consideration.
to bills taking the time that this bill has occupied in its reading
The amendments of the Committee on Foreign Relations until we can dispose of some of the appropriation bills.
were, on page 1, line 3, after the enacting clause, to strike out
The VICE PRESIDENT. Will the Senator from Maine give
“ That the President of the United States be, and he hereby is, his attention for a moment? The Secretary advises the Chair
authorized and requested to ascertain the opinions of maritime that no amendment is indicated in the bill, although upon the
nations upon the desirability of an international maritime con outside of it the statement is written that it is reported with
ference, to meet at Washington on the invitation of the United an amendment.
States,” and insert, “ That the President be authorized to con
Mr. JOHNSON of Maine. The bill was given to me by the
vey to maritime nations the desire of Congress that an inter junior Senator from Louisiana [Mr. T h o r n t o n ] ,
national maritime conference be held, and that he be also
The VICE PRESIDENT. The Chair so understood.
1912
CONGRESSIONAL RECORD— SENATE.
belief of Republicans in protection is concerned, was never
recognized by this side of the Chamber than the so-called recip
rocal proposition with Canada. I hope that there will be no
hesitation in standing firmly by the record made the other day
by the Senate upon this proposition.
The PRESIDING OFFICER. The hour of 2 o’clock having
arrived, the Chair lays before the Senate the unfinished busi
ness, which will be stated by the Secretary.
The S e c r e t a r y . A bill (H. R. 20182) to amend an act entitled
“ An act to provide revenue, equalize duties, and encourage the
industries of the United States, and for other purposes,”
approved August 5, 1909.
Mr. SIMMONS. I ask that the unfinished business be laid
aside until the Senate has acted upon the motion to recede from
the amendments of the Senate to the metal-schedule bill.
_ The PRESIDING OFFICER. The Senator from North Caro
lina asks unanimous consent that the unfinished business may
be temporarily laid aside.
Mr. WARREN. I wish the Senator would extend his re
quest so that we can finish the little work on the legislative
appropriation bill, and if he does not wish to lay the unfinished
business aside for the day that he will include that bill.
Mr. SIMMONS. I hope the Senator from Wyoming will not
insist upon that. The Senator f r o m Maine [Mr. J o h n s o n ] has
been here expecting to speak on the chemical schedule bill—
now, this is the third day.
Mr. WARREN. If the Senator from Maine is to be accom
modated, I am perfectly willing that he shall make his speech
on the appropriation bill, but I do not like to sidetrack that
business.
Mr. SIMMONS. With that understanding I will agree to
that suggestion.
Mr. WARREN. So that there will be no misunderstanding,
I shall move, as soon as the matter of the Senate amendments
to the metal bill is disposed of, to take up the legislative, execu
tive, and judicial appropriation bill, and when it is up, if the
Senator from Maine wishes to proceed, o f course he has that
right, and I shall not make a contest against it. But this is
the ninth day we have had the appropriation bill before the
Senate, and I submit to the Senator from North Carolina him
self that good orderly business requires that we shall finish it.
Mr. SIMMONS. It is the ninth day, also, that we have
yielded to the Senator to go on with the appropriation bill, when
we were very anxious to proceed with the unfinished business.
Mr. WARREN. When the Senator says he has yielded it is
true that he has done so, and very generously, but I might as
well say that the time may come when the Senate will have to
decide whether the appropriation bill shall have the right of
way and can be displaced by other bills. I hope that time will
hot come, because-----Mr. SIMMONS. At the suggestion o f the Senator from
Maine, I will consent that after this vote is taken the Senator
from Wyoming shall call up the appropriation bill, with the
understanding that as soon as it is acted upon then I shall call
up the unfinished business.
The PRESIDING OFFICER. Is there objection to the re
quest of the Senator from North Carolina?
Mr. LODGE. Do I understand that this is a unanimous
consent that we shall take up the tariff bill at the conclusion
°f the legislative, executive, and judicial appropriation bill?
The PRESIDING OFFICER. The understanding of the
Chair is that the Senator from North Carolina has asked unani
mous consent that the unfinished business may be temporarily
laid aside, and he has had some understanding with the Sen
ator from Wyoming that the Senator from Wyoming will then
hiove to take up the legislative, executive, and judicial appro
priation bill.
Mr. SIMMONS. I ask that the unfinished business be tem
porarily laid aside until the motion that is now before the Sen
ate is disposed of and until action is had upon the legislative,
executive, and judicial appropriaton bill.
The PRESIDING OFFICER. Is there objection to that
request?
Mr. SMOOT. Would it be in order to ask unanimous con
sent to lay aside the uj^uhslmiL 4^U§iiiess with a provision
attached to it?
Mr. SIMMON**' I was asking unanimous consrat-ttuit it be
laid aside^ffFucertain things happened.
Mr. SJfTOOT. Then it will be open to act upon at any time.
^><SIMMONS. Yes.
^T he PRESIDING OFFICER. Is there objection to the re
quest of the Senator from North Carolina? The Chair hears
hone, and it is so ordered. The question is on the motion of
Ibe Senator from North Carolina that the Senate recede from
its action in putting the reciprocity repeal amendments on the
haetql schedule bill. Is the Senate ready for the question? The
7991
yeas and nays have been ordered, and the Secretary will call
the roll.
The Secretary proceeded to call the roll.
The PRESIDING OFFICER (when Mr. B r a n d e g e e ’ s name
was called). The Chair will state that he has a general pair
with the junior Senator from New York [Mr. O ’ G o r m a n ] , but
will transfer that pair to his colleague, the Senator from Con
necticut [Mr. M c L e a n ] , and will vote. I vote “ nay.”
Mr. BURNHAM (when his name was called). I have a gen
eral pair with the Senator from Maryland [Mr. S m i t h ] . In
his absence I withhold my vote.
Mr. WARREN (when the name of Mr. C l a r k of Wyoming
was called). My colleague [Mr. C l a r k ] is absent on business
of the Senate, and he stands paired with the Senator from Mis
souri [Mr. S t o n e ] ,
Mr. LODGE (when Mr. C r a n e ’ s name was called). My col
league [Mr. C r a n e ] is necessarily absent from the Senate. He
is paired with the Senator from Maine [Mr. G a r d n e r ] , If my
colleague were present and at liberty to vote, he would vote
“ nay.”
Mr. CURTIS (when his name was called). I am paired with
the Senator from Nevada [Mr. N e w l a n d s ] . Were I at liberty
to vote, I should vote “ nay.”
Mr. CRAWFORD (when Mr. G a m b l e ’ s name was called).
My colleague [Mr. G a m b l e ] is necessarily absent. He has a
general pair with the senior Senator from Oklahoma [Mr.
O w e n ].
I f my colleague were present, he would vote “ nay.”
Mr. GUGGENHEIM (when his name was called). I have a
general pair with the senior Senator from Kentucky [Mr.
P a y n t e r ] which I transfer to the junior Senator from Ten
nessee [Mr. S a n d e r s ] and I will vote. I vote “ nay.”
Mr. HEYBURN (when his name was called). I have a gen
eral pair with the senior Senator from Alabama [Mr. B a n k h e a d ],
I transfer that pair to the junior Senator from Idaho
[Mr. B o r a h ] and vote. I vote “ nay.”
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ]. I
transfer that pair to the junior Senator from California [Mr.
W o r k s ] and vote.
I vote “ nay.”
Mr. GORE (when Mr. O w e n ’ s name was called). My col
league [Mr. O w e n ] is necessarily absent from the Senate. He
is paired, however, with the senior Senator from South Da
kota [Mr. G a m b l e ] .
Mr. DU PONT (when Mr. R i c h a r d s o n ’ s name was called).
My colleague [Mr. R i c h a r d s o n ] has a general pair with the
junior Senator fr<#m South Carolina [Mr. S m i t h ] . If my col
league were present and free to vote, he would vote “ nay.”
Mr. SIMMONS (when his name was called). I am paired
with the junior Senator from Minnesota [Mr. C l a p p ] . I would
vote “ yea ” if I were not paired.
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the junior Senator from Delaware [Mr.
R ic h a r d s o n ].
I transfer that pair to the junior Senator from
Louisiana [Mr. T h o r n t o n ] and vote. I vote “ yea.”
Mr. WARREN (when his name was called). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F o s t e r ] ,
I transfer that pair so that he may stand paired with the
Senator from New Mexico [Mr. F a l l ] , and I vote “ nay.”
Mr. WATSON (when his name was called). I transfer my
general pair with the senior Senator from New Jersey [Mr.
B r i g g s ] to the junior Senator from Indiana [Mr. K e e n ] and
vote. I vote “ yea.”
Mr. OVERMAN (when the name of Mr. W i l l i a m s was
called). I was requested to announce that the Senator from
Mississippi [Mr. W i l l i a m s ] is paired with the senior Senator
from Pennsylvania [Mr. P e n r o s e ] . The Senator from Missis
sippi is necessarily absent.
The roll call was concluded.
Mr. CRAWFORD (after having voted in the negative). I
have a general pair with the junior Senator from Arkansas
[Mr. D avis], and he being absent I feel compelled to withdraw
mv vote.
Mr. JOHNSTON of Alabama. I wish to announce for the
lay that the Senator from Texas [Mr. B a i l e y ] i s paired with
t h e Senator from Montana [Mr. D i x o n ] .
Mr. BURNHAM. I desffe to transfer my pair to the junior
Senator from Illinois [Mr. L o r i m e r ] , and I will vote. — vote
«
-- I
“ nay.”
yeas 27, nays 33, as follows
The result was announced-—
Astfurst
H eon
a
Bryan
Chamberlain
Chilton
Culberson
Fletcher
YEAS—27.
Overman
Gore
Hitchcock
Percy
Poindexter
Johnson, Me.
Johnston, Ala.
Pomcresc
Martin, Va.
Rayner
Reed
Martine, N. J.
Shively
Myers
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Swanson
Tillman
Watson
■
r f
7992
,v'*
..
^
eecoed-
senate.
J une 12,
circuits from which these five men were appointed. If they de
sire to retain these men and reduce the number of circuit court
.fudges as circuit court judges pass away, then the provision to
be fair should be that in these circuits where the addition of
tliesfe five men has increased the number no appointment shall
be lfiade until the number has been reduced to the normal
number. But I do not think that these five men ought to be retainedffit all.
Mr. flEYBURN. Will the Senator permit me to say, in re
Bailey
gard tot the use of his language, they are not appointed to the
Sanders
Bankhead
Simmons
circuit?; they are appointed from them.
Borah
Smith, Md.
Mr. jJSMITH of Georgia. I understand.
Briggs
Stone
Clapp
Thornton
M r/ HEYBURN. There is no law authorizing the appoint
Clark, Wyo.
Williams
ment's from the circuit.
Clarke, Ark.
Works
.Mr. SMITH of Georgia. I .understand that they are ap
Crane
Crawford
pointed from the circuits, but if they are to be assigned to
So Mr. S i m m o n s ’ s motion that the Senate recede from its- regular circuit court judge work, then I want them to stick
to the circuits that they live in and in ivhich their appointments
amendments was rejected.
The VICE PRESIDENT. The question is on the motion of are made.
But I submit there is no necessity for that. We have dis
the Senator from Massachusetts [Mr. L o d g e ] . that the Senate
insist (in- its amendments Nos. 3 and i r ftikagreed to by the pensed with the court. We agree with the House that there
House, and request a conference with the House of Representa shall be no Commerce Court, and there is, therefore, no neces
tives on the disagreeing votes of the two Houses, and that the sity for these five additional circuit court judges. The five ad
Chair appoint the conferees on the part of the Senate.
ditional positions were created, not for the benefit of the gen
The motion was agreed to, and the Vice President appointed eral work but for this particular court. Five additional posi
Mr. P e n r o s e , Mr. L o d g e , and Mr. S i m m o n s conferees on the tions were created by the act of 1910, which created the Com
part of the Senate.
merce Court.
Now, as we abolish the court we do not need the five addi
LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. WARREN. I ask the Senate to proceed with the consid tional positions any longer, and it is perfectly legal to abolish
eration of House bill 24023, the legislative, executive, and judi those five positions.
The Supreme Court of the United States lias held that no man
cial appropriation bill.
There being no objection, the Senate, as in Committee of the appointed to an office has a vested right in his office. The legis
lative power can lessen the years of his office where there is no
Whole, resumed the consideration of the bill (H. R. 24023) mak
ing appropriations for the legislative, executive, and judicial constitutional provision as to the time of the service. The
expenses of the Government for the fiscal year ending June 30, legislative power can abolish the office. No vested right exists
to draw the salary.
1913, and for other purposes.
Congress, in 1910, created five additional positions, enlarging
The VICE PRESIDENT. The pending question is on agree
the number of circuit court judges to 34. It did it to provide
ing to the committee amendment on page 147.
Mr. CUMMINS. I understood the Senator from Minnesota for the detail of these five men to the Court of Commerce and
[Mr. C l a p p ] had offered an amendment striking out a certain for nothing else. We have abolished the Court of Commerce
and there is no necessity for continuing the five positions.
part of the House text.
The amendment which I have offered as a substitute for the
Mr. CLAPP. I had an amendment prepared, but the Senator House provision, agreeing with the committee that the House
from Georgia [Mr. S m i t h ] offered one last evening that I rather provision certainly ought to be disagreed to, simply provides
think is in better form.
that we shall repeal so much of the act of 1910 as created these
Mr. SMITH of Georgia. And I have improved on that a little. five additional positions.
The VICE PRESIDENT. The Senator from Georgia offers
Mr. S U T H E R L A N D . Mr. President-----an amendment which will be stated.
The VICE PRESIDENT. Does the Senator from Georgia
The S e c r e t a r y . On page 147, amend line 7 by striking out yield to the Senator from Utah?
“ thirty-four" and inserting “ twenty-nine” ; amend line 10 by
Mr. SMITH of Georgia. I do.
striking out “ two hundred and seventy-two thousand five hun
Mr. SUTHERLAND.
should
the Senator from
dred ” and inserting “ two hundred and thirty-seven thousand Georgia a question: The I Supremelike to ask the United States
Court of
five hundred ” ; amend by substituting for lines 1 1 , 12 , 13, and
now consists of nine judges. It would be within the compe
14 the following:
tence of Congress to provide that hereafter the Supreme Court
The five additional circuit court judgeships provided for by the act of
Congress approved June 18, 1910, are hereby abolished, and the author of the United States shall consist of seven judges, but does the
ity in said act of Congress for the President, by and with the advice Senator from Georgia think that, in connection with that pro
and consent of the Senate, to appoint five additional circuit judges is vision, we could abolish the last two Supreme Court judgeships
hereby repealed, and the number of circuit judges is hereby reduced
and thereby legislate those two judges out of office?
to 29.
Mr. SMITH of Georgia. I will reply to the Senator by ask
Mr. WARREN. I make the point of order against the amend
ment that it entirely changes existing law. These men are ap ing him a question: If we reduced the court to seven, could
pointed for life or during good behavior, and hold their commis more than seven sit?
Mr. SUTHERLAND. No; but my position is, as implied by
sions and are in the service of the United States, under the law.
Mr. SMITH of Georgia. Mr. President, I want to be heard. my question, that while we might reduce the number of the
Supreme Court hereafter to seven members, we could not
That is the very issue that is involved.
Mr. WARREN. I withhold my point of order for the moment, abolish the office of any one of those nine judges.
Mr. SMITH of Georgia. I am not prepared to say whether
so that tlie Senator from Georgia may proceed.
Mr. SMITH of Georgia. The proposed amendment of the we could or could not. The Supreme Court stands upon a some
committee strikes out lines 11, 12, 13, and 14 as found on page what different position from the circuit courts, as it is un
147 of the bill. The bill as passed by the House provides doubtedly a court provided for by the Constitution.
Mr. SUTHERLAND. Well, Mr. President, that is true, but
that—
No circuit judge shall hereafter be appointed until the whole number only as respects the provision of the Constitution that there
of circuit judges shall be reduced to 29, and thereafter there shall not shall be a Supreme Court. There is no provision of the Con
bo more than 29 circuit judges.
stitution as to number.
I agree with the committee that that provision should be
Mr. SMITH of Georgia. I will say to the Senator that my
stricken out. It is based upon the idea that if a circuit court impression is that we could reduce the number, and, having
judge should die in any particular circuit, instead of the Presi abolished the places, that they would no longer hold their offices
dent appointing a new circuit court judge in that circuit one and no longer draw salaries. I do not express a fixed opinion
of these five judges is to be detailed to that circuit to do the upon it, but that is my impression about it. I do not see why it
work. I object to having one of these five judges detailed into should not be the law.
our circuit. We have three good circuit court judges, and if a
Mr. OVERMAN. Mr. President, may I ask the Senator a
vacancy should arise we feel that we are entitled to have an question? Suppose we did reduce the number from nine to
other circuit court judge appointed in that circuit from the bar seven, could we not withhold the appropriation from them if
of that circuit. Not one of these five men is from our circuit. we desired to do so?
If the principle involved in the House provision is to pre
Mr. SUTHERLAND. Perhaps we have the physical power
vail, then I think it would only be fair to limit its effect to the to do it; but we certainly have no right to do it under the
Bourne
Bradley
Bran degee
Bristow
Brown
Burnham
Burton
Catron
Cullom
t , v
i1
CO^j iESSIONAL
GP
NAYS— 33.
Cummins
Lippitt
Lodge
Dillingham
du Pont
McCumber
Ballinger
Nelson
Gronna
Oliver
Guggenheim
Page
Heyburn
Perkins
Jones
Root
Kenyon
Smith, Mich.
NOT VOTING— 34.
Curtis
Lea
Davis
Lorimer
Dixon
McLean
Fall
Newlands
Foster
O'Gorman
Gamble
Owen
Gardner
Paynter
Kern
Penrose
La Follette
Richardson
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
1912.
CONGRESSIONAL RECORD— SENATE.
It seems to me, Mr. President, that this increase has not been
estimated for, and that it comes directly under the terms of
Rule XVI.
Mr. McCUMBER. Does the Senator claim that the amend
ment which has just been agreed to was referred to the commit
tee one day before it was considered?
Mr. GA LLIN G E R ./That was determined upon an entirely
different proposjfioi^dLat it conformed to existing law, and
hence was an eXFTSnional case under the rule.
Mr. McCUMBl^R. Mr. President, that is a distinction
out a
Mr. 0/5 ^ M ^ \ X rr«Ir.> i,resident^iisfc» i s / 6 n increase/of yen
estimate
estimate from .SlO O to
zTO O
amendh _
about 8170,O X
C ).'
Let me ask the Senator if he claims t h W
Mr. McCUMI
uthority with reference to increases /that
the committee
the Senate itself 'as not?
Mr. OV
The Senate has made certain rul
here by
I
Chair is to be governed.
Mr. McCUMBER. The Senate has made no rule tfiattgives
auy committee created by the Senate a power greater than th
Senate itself has. I f there is such a rule, I should like to
have Hre Senator point it out to me. If the creature of the
Senate has under any rule a power greater than the power the
Senate has with reference to an amendment, I certainly should
like to see it.
Mr. OVERMAN. The Senate has made certain rules to gov
ern the Senate and to govern the committee. The committee
has been governed as far as it knew how by the rules of the
Senate. Rule XVI is to govern the Senate, and the point of
order is made and is submitted to the President of the Senate
to rule upon under the rule that the Senate has made.
Mr. McCUMBER. Then, Mr. President, so we may not mis
understand each other, and so it may stand as a precedent in
future eases, the position is that if there is an estimate made
by the department for one captain at $1,800, and the commit
tee acts upon that estimate and adopts it, there is no such
thing permissible as an amendment of it in the Senate-----Mr. GALLINGER. Except by unanimous consent.
Mr. McCUMBER (continuing). That the Senate can not
raise the amount? If we are to have that as a precedent, I
want to know that it is a precedent which we can call up at
any time, and interpose it against any amendment raising any
salary by one cent unless it has been acted upon by the com
mittee and the committee itself has changed it.
Mr. WARREN. Oh, no, Mr. President; any standing com
mittee of the Senate can recommend an increase, and that
makes it in order.
Mr. McCUMBER. But the Senate can not recommend an
increase?
Mr. WARREN. A Senator may rise in his place and pro
pose it, but if a point of order is made the rule certainly
covers the case, and always has covered it. To make it in
order there must be either an estimate or a favorable repor
from some committee, either the Committee on Appropriation
or some other standing committee. Otherwise the appropria
tion may not be increased.
Mr. McCUMBER. The Senator does not seem to understind
my proposition. The difference between us is th is: I iraist
that if there has been an estimate made, that opens the malter
for discussion and amendment. If there has been no estinwte
made, of course I will agree that the rule applies. But we Ire
hot bound by the figures o f the estimate; and once having tJ
estimate made by a department and brought in by the com
mittee, I insist that there is no standing rule of the Senate,
When properly construed, under which the amount is sacred,
and we can not change it. If there is, let us have it and follow
it hereafter.
Mr. WILLIAMS. Mr. President, some time ago I gave notice
that I w
rould hand the Secretary an amendment. I want to
hand it to him now , and ask that it be published in the R ecord
for information.
The P R E S ID E N T pro tempore. Without objection, it will be
so ordered. The point .of order made is that this increase has
not been estimated for. The general rule is that no /amend
ment—
Mr. WILLIAMS. Mr. President, one moment; I give notice
that I want to call up that amendment to-morrow, when we
Set back to the consideration of the bill. For the information
of the Senator from Wyoming. I wish to say that this is the
amendment he asked me to have prepared and put in the
R ecord.
Mr. WARREN. I hope the Senator will not talk about “ to
morrow,” because we may not have the bill under consideration
to-morrow. I should like to finish it to-night
8055
The PRESIDENT pro tempore. Senators will please post
pone—
Mr. WILLIAMS. Then, Mr. President, I fail to understand
the object of the request of the Senator from Wyoming.
The PRESIDENT pro tempore. The Chair was proceeding
to rule-----Mr. WILLIAMS. The Senator from Wyoming asked me to
have the amendment prepared and put it in the R ecord so that
Senator^ could read it. I do n,Qj>ee^ how we can read it in the
I ecobb to-da T
Tire I^ D S Ilfe N T pro te&por"e.J The
was proceeding
er^made
dment offered by
Sofia tor from North Dakota had not been estimated for, and
er^rore was out of order.
r. WARREN. Mr. President, the Chair says that is the
Int o f order. I did not so understand it. That was only one
ranch of it. What becomes of the balance of Rule X V I?
PRESIDENT pro tempore. Will the Senator permit the
iXu>ro p i> «‘od with Iho r*#^ig ? ^Jmn, if there is any other
'po/nt, the Chair ^ iLbf<hn;idh^hoa^*8<stated.
X W A R R E N / : myselx made the point under the whole
I
rule. Perhaps I am not in order, though, if the other point has
been made.
The PRESIDENT pro tempore. The Senator from Wyoming
will please state his point of order.
Mr. WARREN. The point of order is that it has not been
estimated for and that it increases the amount of an appro
priation without having had the indorsement of any standing
committee. The reading of Rule X VI will advise the Chair of
the situation:
No amendment shall be received to any general appropriation bill
the effect of which w ill be to increase an appropriation already con
tained in the hill, or to add a new item of appropriation, unless it be
made to carry out the provisions of some existing law or treaty stipu
lation,
And so forth.
The PRESIDENT pro tempore,
to rule upon that very point.
The general rule is th is:
The Chair was proceeding
No amendment shall be received to any general appropriation bill the
effect of which will be to increase an appropriation already contained
in the bill, or to add a new item of appropriation, unless—
Then follow certain exceptions.
One of the exceptions is :
Unless
* *
* proposed in pursuance of an estimate of the head
of some one of the departments.
The Senator from North Dakota contends that the estimate
for the number of policemen would comply with that require
ment of the rule.
In the opinion of the Chair, the words “ proposed in pursu
ance of an estimate of the head of some one of the departments ”
refer to an estimate for that increase; and therefore, unless
the increase has been estimated Ipy, that the amendment, is not
in o r ^ r BURTON. Mr. President, I desire to call up an amendent submitted on the 28th of May.
,
The PRESIDENT pro tempore. The Senator from Ohio pro
poses an amendment, which the Secretary will report.
The S ecretary . On page 13G, line 13, immediately after the
figures “ $2,500,” insert the words—
Chief of Division of Compilation, §2,000.
Mr. BURTON. Mr. President, this is in pursuance of a letter
of the Secretary o f Commerce and Labor which gives this list,
and states:
The House bill does not provide for this position, although there is a
chief of division (of compilation), at §2,000, now in the Bureau of Sta" sties. It will be still necessary to maintain this division without in
y decree lessening its responsibilities or duties.
Mr. WARREN. I understand that to be within the estimate.
Mr. BURTON. It is.'
Mr. WARREN. Will the Senator send the letter to the desk?
Mr. BURTON. I will send the letter to the desk. It is some
what voluminous, however.
Mr. WARREN. I mean, just the point to which the Senator*
has referred.
Mr. BURTON. It is upon pages 5 and 6 . That is, it is in
the estimate as transmitted in this letter. I will suggest that
perhaps I had better read the portion referred to, as the letter
contains other unrelated recommendations.
The Secretary of Commerce and Labor, as a substitute for
the provision as it came from the House, gives an enumeration
of the positions in the proposed Bureau of Foreign and Do
mestic Commerce:
Chief of bureau, $5,000—
That is carried here at $4,000—
assistant chief of bureau; stenographer to chief of bureau; chief clerk ;
chief statistician ; chief, Division of Consular R eports; chief, Division
of Compilation.
8056
CONGRESSIONAL RECORD— SENATE.
J une 13,
The PRESIDENT pro tempore. The question is upon agree
ing to the amendment proposed by the Senator from Ohio.
[Putting the question.] The noes appear to have it.
M BURTON. I call for a division upon the question.
t\
The PRESIDENT pro tempore. A division is demanded.
[After a pause.] No quorum has voted. What is the pleasure
of the Senate?
Mr. GALLINGER. Let us have the yeas and nays.
The yeas and nays were ordered; and the Secretary proceeded
to call the roll.
No amendments shall he received to any general appropriation bill,
Mr. CULLOM (when his name was called). I am paired
the effect of which will be to increase an appropriation already con
tained in the bill—
with the junior Senator from West Virginia [Mr. C h i l t o n ] .
Mr. HEYBURN (when his name was called). I have a pair
This increases the appropriation already contained in the bill—
with the senior Senator from Alabama [Mr. B an k h e a d ]. I
or to add a new item of appropriation—
transfer that pair to the junior Senator from Idaho [Mr.
This adds a new item of appropriation—
B orah ] and vote. I vote “ yea.”
unless it be made to carry out the provisions of some existing law or
Mr. JOHNSON of Maine (when his name was called). I am
treaty stipulation.
This is not to carry out the provisions of an existing law any paired with the senior Senator from New York [Mr. R oot], and
more than the amendment which I proposed a short time ago I withhold my vote.
Mr. GALLINGER (when Mr. Sanders’s name was called). I
was to carry out the provisions of an existing law. Also be
cause the same has not been moved by direction of a standing was requested to announce that the junior Senator from Ten
or select committee of the Senate or proposed in pursuance of nessee [Mr. Sanders] is paired with the junior Senator from
Indiana [Mr. K e r n ].
an estimate of the head of some one of the departments.
Mr. ASIIURST (when the name of Mr. S m ith of Arizona was
Mr. BURTON. I think if the Senator from North Dakota
will carefully examine the exceptions he will find that there are called). My colleague [Mr. Sm it h ] is absent on important busi
two exceptions very distinctly stated, either of which makes this ness. He is paired with the Senator from New Mexico [Mr.
amendment germane. In the first place, it is in pursuance of F all ].
existing law, being a position of long standing and an integral
Mr. SMITH of South Carolina (when his name was called).
part of the Bureau of Statistics. I will read the exceptions I have a general pair with the junior Senator from Delaware
from the rule:
[Mr. R ichardson], and in his absence I withhold my vote. If
Unless it be made to carry out the provisions of some existing law—
I were at liberty to vote, I would vote “ nay.”
Mr. SUTHERLAND (when his name was called). Has the
As I have said, there is an existing law for this position. It
has been in existence for 10 years as an essential part of the Senator from Maryland [Mr. R ayneb ] voted?
The PRESIDENT pro tempore. The Chair is informed that
Bureau of Statistics. Then, passing by others not applicable—
;
or treaty stipulation, or act, or resolution previously passed by the he has not.
Mr. SUTHERLAND. I have a pair with that Senator, and I
Senate during that session, or unless the same be moved by direction of
a standing or select committee of the Senate—
withhold my vote.
Mr. WILLIAMS (when his name was called). I am paired
We come to another exception which clearly justifies this
with the senior Senator from Pennsylvania [Mr. Penrose]. I
amendment—
or proposed in pursuance of an estimate of the head of some one of the transfer that pair to my colleague [Mr. P ercy] and vote. I
departments.
vote “ nay.”
Here is an estimate of the head of the Department of Com
The roll call was concluded.
Mr. CULLOM. I transfer my pair with the junior Senator
merce and Labor and a statement clearly setting forth his posi
from West Virginia [Mr. Chilton ] to the senior Senator from
tion in reference to it:
The House bill does not provide for this provision, although there is Minnesota [Mr. N elson], and vote “ yea.”
a chief of division (of compilation) at $2,000 now in the Bureau of
Sir. CURTIS. I am paired with the Senator from Nevada
Statistics. It will be still necessary to maintain this division without
[Mr. N e w l a n d s ] , and therefore withhold my vote.
in any degree lessening its responsibilities or duties.
Mr. PAYNTEIt. I have a general pair with the Senator from
The PRESIDENT pro tempore. The Chair is not in a posi
tion to pass on the question of fact raised. The Chair knows Colorado [Mr. Guggenheim ], who is absent from the Chamber,
nothing as to whether an estimate has been made or not. The and I therefore withhold my vote.
Mr. SMITH of South Carolina. I transfer my pair with the
Chair would be very glad to hear from the chairman of the
junior Senator from Delaware [Mr. R ichardson ] to the junior
Committee on Appropriations.
Mr. WARREN. I will say, in order to Inform the Chair, Senator from Louisiana [Mr. T hornton] and vote. I vote
that in the original estimate which precedes the law a chief “ nay.”
Mr. CURTIS. I transfer my pair with the Senator from
was estimated for without giving the title of bureau or division,
and we did not include it. The only difference is that the Nevada [Mr. N ewlands ] to the Senator from Nebraska [Mr.
amendment now offered names the place the chief is to have. B rown ] and vote “ yea.”
Mr. CHAMBERLAIN (after having voted in the negative).
Therefore, so far as the estimate is concerned, it is true that
it was estimated for. It is also true that in the combination I have a general pair with the junior Senator from Pennsyl
made in this Bureau of Domestic and Foreign Commerce there vania [Mr. Oliver]. He has not voted, and I desire to with
has been quite an uncertainty as to how the Department of draw my vote.
Mr. SUTHERLAND. I will transfer my pair with the Sen
State and the Department of Commerce and Labor were af
fected. In amalgamating them, one depended upon another. It ator from Maryland [Mr. R ayner ] to the junior Senator from
seemed to the subcommittee, and later to the full committee, Illinois [Mr. L orimer] and vote. I vote “ nay.”
Mr. BURNHAM. I will inquire if the junior Senator from
that in getting it together they missed this one place, which we
thought was not necessary at the time. The letter explains the Maryland [Mr. S m it h ] has voted?
situation.
The VICE PRESIDENT. The Chair is informed that he
The PRESIDENT pro tempore. Upon the assumption that has not.
the expenditure had been estimated for, the Chair will overrule
Mr. BURNHAM. I have a general pair with that Senator,
the point of order.
and therefore withhold my vote.
Mr. OVERMAN. Mr. President, I wish to say as to the
Mr. CHAMBERLAIN. If there is doubt about a quorum I
♦merits of the case that, so far as I am concerned, it was un will transfer my pair with the junior Senator from Pennsyl
derstood when these great departments were consolidated that vania [Mr. Oliver] to the Senator from Maryland [Mr. S m it h ],
there would be some money saved to the Government by the and this will permit the Senator from New Plampsliire [Mr.
consolidation. I thought they had enough clerks, and I shall B u r n h a m ] tawot-e.- I will let niy^oi^ R in d .
vote against this amendment. I do not see any reason for a
Mr, BUtiNIIAM. Under the”transfer of parks--just announced,
consolidation if we are going to put all the old clerks back. I ;vdte “ yea.”
Here are three departments consolidated into one department. A The result was announced—yeas 30, nays, 20, as follow s:
It seemed to me that the compilation might be done by fourthY EAS— 30.
class clerks who get $2,000 each.
Cullom
I-Ieyburn
Stephenson
Mr. BURTON. On that point I will state that there is not Bourne
.Tones
Cummins
Sutherland
an unusual number of chiefs here. There are two assistant Bradley
Lodge
Briggs
Curtis
Townsend
chiefs. There is a very large amount of labor. This man has Burnham
Dillingham
McLean
Warren
Page
du Pont
Watson
had 10 subordinates under him for a number of years, and the Burton
Fletcher
Perkins
Wetmore
officials of the bureau state that the position is still necessary Catron
Clapp
Gallinger
Pomercne
for the performance of efficient work.
Crawford
Gore
Smoot
Then the letter gives the list of clerks.
I presume it is unnecessary for me to repeat his statement,
which I have already read, to the effect that this position
is necessary under the reorganization as well as under the old
plan. This amendment is also in pursuance of existing law,
as the position has existed for, I think, 10 years or more.
Mr. McCUMBER. Mr. President, I raise a point of order
against this amendment and cite the rule just cited by the
Chair, that—
1912.
Ashurst
Bacon
Bristow
Bryan
Chamberlain
Bailey
Bankhead
Borah
Brandegee
Brown
Chilton
Clark, W yo.
Crane
Davis
Dixon
.Pall
CONGRESSIONAL RECORD— SENATE.
N A Y S— 20.
Martine, N. J.
Clarke, Ark.
Myers
Culberson
Overman
Johnston, Ala.
McCumber
Shively
Simmons
Martin, Va.
NOT VO TIN G — 44.
Lippitt
Foster
Lorimer
Gamble
Nelson
Gardner
Newlands
Gronna
O’Gorman
Guggenheim
Oliver
Hitchcock
•Owen
Johnson, Me.
Paynter
Kenyon
Penrose
Kern
Tercy
La Follette
Poindexter
Lea
Smith, Ga.
Smith, S. C.
Swanson
Tillman
W illiam s
Rayner
Reed
Richardson
Root
Sanders
Smith, Ariz.
Smith, Md.
Smith, Mich.
Stone
Thornton
Works
So Mr. B up.ton’ s amendment was agreed to.
Mr. .WILLIAMS. I sent an amendment to the desk. I ask
that die amendment he published in the R ecord, and that we
agree to take a vote upon it to-morrow morning when the bill is
called up. I do not care to discuss it, but I should like to give
Members of the Senate an opportunity to read the amendment
and compare it with the House provisions and with the Senate
amendment. I call up the amendment for the purpose of mak
ing that request.
Mr. WARREN. I did not catch the drift of the Senator’s re
marks. What was his request?
Mr. WILLIAMS. I requested that the amendment be pub
lished in the R ecord, and that we take a vote upon it to-morrow
morning without any further discussion. I do not care to dis
cuss it, but I want to give every Member of the Senate an op
portunity to read it and compare it with the House provision
and with the Senate amendment.
Mr. WARREN. Does not the Senator think that if it were
read the Senate would then be ready to vote on it to-night?
Mr. WILLIAMS. I doubt it, unless every Senator had the
bill in his hand to follow it. It is a rather far-reaching amend
ment.
Mr. WARREN. The Senator knows in what anxiety we are
to try to finish this appropriation bill. The Senator from North
Carolina [Mr. Sim m o n s ] is shaking his gory locks at me now
regarding the unfinished business.
Mr. WILLIAMS. There is nothing in my request which in
terferes with that.
Mr. CUMMINS. I ask the Senator from Wyoming whether
he proposes to make a point of order against the amendment
submitted by the Senator from Mississippi?
Mr. WILLIAMS. No point of order would lie.
Mr. CUMMINS. I f he does, it seems to me it might well be
made now. I do not know whether he intends to do it, but
from the general trend of his suggestions heretofore I believe
that he would be of the opinion that it is subject to a point
of order.
Mr. WARREN. I understand the amendment is not in order
now, and will not be in order until we get into the Senate. It
is not in order as in Committee of the Whole, because w’e have
already adopted the amendments in the bill, and if in order at
all it comes up in the Senate. Of course the amendment seeks
to become a substitute-----Mr. WILLIAMS. It seeks to amend the Senate amendment.
Mr. WARREN. It is, in other words, a substitute for both
the House provision and the Senate committee amendment.
Mr. WILLIAMS. But it is an amendment of the Senate to
the House provision, and it is not subject to a point of order
at all.
Mr. WARREN. It would be most desperately out of order
were it not for what is already in the bill. I do not feel, with
what we have in the bill, as if I should want to make a point
of order against it, although when we come to act upon it it
may seem to me to be subject to a point of order.
Mr. CUMMINS. I did not want to suggest to the Senator
from Wyoming that he could make a point o f order, and I
certainly do not wish to make one, but if one is to be made it
might well be made now, because if we enter upon the debate of
the entire civil service, what it has done and what we hope
for it, it may take quite a while.
Mr. WARREN. The amendment is not offered yet.
Mr. WILLIAMS.- Mr. President, I certainly hope that the
Senator from Iowa will at least read the amendment before
he repeats his last observation. It not only does not^ repeal
the entire civil-service system, but it does not repeal a bit of it,
except-----Mr. CUMMINS. I heard the very eloquent address of the
Senator from Mississippi, and I assume that everything which
he said in that address is pertinent to the amendment which
he offers. His address covered the whole scope of the civil
service. It covered the issue as between appointments during
8057
efficiency and appointments during a term. It covered the
question of the contributory pension system, the civil-service
pension system, and everything else that could possibly enter
into one’s consideration of the civil service, and the manner
of appointment and the manner o f dismissal. I could not,
with my view of the matter, allow it to pass without some
discussion.
Mr. WILLL1MS. That is the very reason why I have made
the request.
Mr. CULLOM. I f the amendment is going to be discussed
let it be read.
Mr. WILLIAMS. The amendment does not in the slightest
degree weaken or hurt the civil-service system. On the con
trary, it strengthens it. The only thing it is intended to do
is to remove from the future the deadened lumber in the way
of an accumulation of superannuation which year by year
takes place.
It may be true that while I was discussing the question I
discussed everything as far as I could cognate to it, everything
that it might affect, everything that it might help or hurt, but
the amendment speaks for itself. The amendment is intended
to coalesce and harmonize the existing nonpartisan and non
political public service with a fixed tenure of office, so that there
shall not be an accumulation o f superannuation from year to year.
That is all it does. There is nothing that has anything to do
with entrance into the civil service; it is just as it is now.
There is nothing in it that prevents reappointment, except a
provision that where a civil-service employee falls below the
minimum rate to be fixed by the Civil Service Commission he
shall go out at the end of five years; that is all.
Mr. GALLINGER. Will the Senator yield to me?
Mr. WILLIAMS. Certainly.
Mr. GALLINGER. I will ask the Senator if I understood
him correctly to say that if the amendment should be printed
in the R ecord and go over until morning he is willing that a
vote shall be taken upon it without further debate?
Mr. WILLIAMS. Without further debate as far as I am
concerned. I do not desire to debate it. All I want is to give
Senators an opportunity to read it and compare it with the bill.
Mr. GALLINGER. I am quite sure the chairman will agree
to that.
Mr. WILLIAMS. I do not think Senators can do that now,
because most of them have not the bill before them. Talking
about it is one thing and taking it and comparing it with the
bill is another.
Mr. CUMMINS. I have not seen the amendment. All I know
is through the address of the Senator from Mississippi. I
am not ready to agree that we shall take a vote upon it without
debate.
Mr. SMOOT. Let the amendment be read.
Mr. CLAPP. I suggest that the whole situation be cleared
up by taking the vote Saturday morning, and then to-morrow
morning bringing in the bill the Senator from North Carolina
[Mr. S im m o n s ] has in charge. That would harmonize with his
desires.
„ ,
Mr. SIMMONS. That would be very satisfactory.
Mr. WILLIAMS. How will that do?
Mr. GALLINGER. I suggest to the Senator from Missis
sippi, if he pleases, that he let the proposed amendment be now
read.’ It will then go in the R ecord, and the matter as to when
the vote shall be taken will be determined later.
Mr. WILLIAMS. Then I ask for the reading of the amend
ment, Mr. President.
Mr. SIMMONS. If I can get the attention o f the Senator
from Mississippi for a minute I desire to say I had hoped
very much that we might be able to finish the appropriation
bill this afternoon. I have no sort of objection to the Senator’s
request provided it is coupled with the condition that if the bill
is not disposed o f this afternoon and the amendment is to be
submitted for consideration to-morrow—
—
Mr. WILLIAMS. I do not understand that my request could
possibly conflict with the chemical tariff bill. That is what the
Senator is talking about. That will come up to-morrow if my
request is granted. It certainly would not take 20 minutes
to call the roll of the Senate and vote on the bill.
Mr. SIMMONS. As the Senator from Iowa says he can not
give consent to an agreement that there shall be no debate on
the amendment to-morrow, my suggestion is that if possible
we finish the bill this afternoon; and if we fail to finish the
bill this afternoon then let the Senator’s amendment be printed
in the R ecord.
Mr. WILLIAMS. I am not willing to agree that an amend
ment of this magnitude, without any opportunity on the part
of Senators to read it and compare it with the provisions of
existing law, should be voted upon this afternoon. So far a*s I
am concerned I am willing to make any agreement that will
8058
CONGRESSIONAL RECORD— SENATE.
J une 13,
which must be attained
pro
give Senators an opportunity to read the amendment and com ciency or reappointed at the endby an employee before he; may be also
moted
of his five years’ service it shall
pare it with existing law, compare it with the House provision, provide a maximum rating, and any employee having this rating shall
compare it with the Senate amendment, and take a vote upon it. be reappointed to a place in the service, unless on charges made he
character unfit; it
further provide for a maxi
Mr. WARREN. I suggest that the amendment is not perti shall be deemed in which no employee shall fall without being dismissed
mum rating, below
may
nent until we get out of the Committee of the Whole and in for inefficiency. All promotions, demotions, or dismissals shall be gov
the Senate. I understand we are still in Committee of the erned by provisions of the civil-service rules. Copies of all records of
independent
Whole and the bill is still subject to amendment. If the Chair efficiency shall be furnished by the departments and in accordanceestab
lishments to the Civil Service Commission for record
with
will ask if there are further amendments in Committee of the the provisions of this section.
Whole, and if there are none, and we go into the Senate, then
During the reading of the amendment,
the amendment will be pertinent.
Mr. WILLIAMS. Wait one moment. That is a mistake of
Mr. WILLIAMS. Let me get the situation. As the Senator the committee. It should be “ minimum rating ” there, evi
knows, I was absent yesterday. Were the Senate amendments dently.
on pages 152 and 153 adopted yesterday?
The Secretary. It is proposed to change the word “ maxi
Mr. WARREN. One was adopted yesterday and one was mum ” to “ minimum.”
adopted to-day.
Mr. WARREN. Both of those words are used in the origiMr. WILLIAMS. When was one adopted to-day? . It was nnl amendment, and properly used, I think.
not adopted while I was here.
Mr. WILLIAMS. Yes; I understand; but. in that case, if
Mr. WARREN. I think it was adopted while the Senator the Senator will pardon me, it is evidently a misprint. The pro
was here.
vision reads:
Mr. WILLIAMS. No; it was not, for I was watching it very
It shall further provide for a maximum rating below which no em
closely. I did not hear it. I had an amendment pending to it. ployee may fall without being dismissed for inefficiency.
I do not see how it came to be adopted.
Mr. WARREN. That is right.
Mr. CUMMINS. I think the Senator from Mississippi prob
Mr. WILLIAMS. Of course it means a minimum rating.
ably refers to sections 4 and 5 of the House bill. The amend
Mr. WARREN. I beg pardon, it does not. It means just
ments proposed by the committee striking those sections out what it says. Employees must attain that maximum rating or
were agreed to yesterday.
they are to be demoted.
Mr. WILLIAMS. But the Senate amendment, as a substitute
Mr. WILLIAMS. Oh, yes; I understand.
for them, was not offered and never has been, if I under
Mr. JONES. I offer an amendment, in line 21, on page 68,
stand it.
after the word “ other,” to insert “ clerks and.”
Mr. CUMMINS. The amendment was agreed to to-day, as I
The PRESIDENT pro tempore. Without objection, the
understand it.
Mr. WARREN. The Senator from Mississippi loses nothing amendment is agreed to. a moment. I want to know where
Mr. WARREN. Wait
by that course, because the amendment to which wp agreed yes that amendment is proposed to be inserted.
terday, as well as the other, made his amendment not in order
Mr. OVERMAN. On page 68, line 21.
until we get into the Senate.
The PRESIDENT pro tempore. The amendment proposed
Mr. WILLIAMS. No; I have no objection to the modus by the Senator from Washington [Mr. Jones] will be stated.
operand! at all. I merely want to know that there will be some
' The Secretary. On page 68, line 21, after the word “ other,”
modus; that is all.
it is proposed to insert the words “ clerks and,” so that if
The PRESIDENT pro tempore. The reading of the amend amended it will read:
ment has been called for. Without objection, it will be read.
For wages of workmen and other clerks and employees, $22,000.
Mr. WILLIAMS. I suggest the reading of the amendment.
Mr. GALLINGER. The word “ other ” ought to go out.
Mr. GALLINGER. Let the'proposed amendment be read for
Mr. JONES. I will say, Mr. President-----information.
Mr. WARREN. I have not yet located the amendment.
The S ecretary. In the bill as printed it is proposed by the
Mr. JONES. It is on page 68, line 21.
Senate to strike out from the House text section 5 as printed on
Mr. WARREN. It now reads:
pages 152 and 153. The Senator from Mississippi now proposes
For wages of workmen and other employees, $22,000.
to perfect the portion of the bill proposed to be stricken out. In
Mr. JONES. Yes. I propose to make it read “ other clerks
the first place, on the top of page 153, beginning with the word
“ and,” line 1, strike out down to the word “ P r o v id e d ,” in and employees.” The purpose of that, Mr. President, is simply
line 7. Then after the word “ shall,” in line 8, page 153. there this-----Mr. WARREN. Does the Senator propose to increase the
be inserted these words: “ except as hereinafter prescribed” ;
that in line 12, page 153, the word “ fa ir ” be stricken out, and amount of the appropriation?
Mr. JONES. Not at all.
that after the word “ efficiency,” in line 12 , page 153, these
Mr. WARREN. Then I have no objection to the amend
words be inserted: “ prescribed by the Civil Service Commis
ment.
sion,” so that the provision as amended will read as follow s:
Mr. JONES. It is merely to meet an emergency which may
S f.c . 5. That on and after July 1, 1913, all appointments to posi
tions in the classified service of the executive departments within the require the use of extra help for a little time. I am not pro
District of Columbia provided for at annual rates of compensation shall posing to increase the appropriation at all.
be made, after the probationary period of six months shall have ex
Mr. GALLINGER. I suggest that the word “ other ” ought to
pired, for terms of five years each ; at the expiration of each such apointment the employment of each person so appointed shall cease and go out, so that it will read :
etermino: Provided, That all persons separated hereunder from the
classified service shall, except as hereinafter prescribed, be eligible for
and may, in the discretion of the head of the executive department, be
reappointed without examination for additional periods of five years, if
at (he time of such reappointment they shall be up to a standard of
efficiency prescribed by the Civil Service Commission and capable of
rendering a full measure of service in return for the salary of the place
to which they may be appointed : Provided further, That in reducing
the force in any of the executive departments no honorably discharged
soldier or sailor whose record in said department is rated good shall
be discharged or dropped : And provided further, That nothing herein
shall he construed to prevent the head of any department from remov
ing at any time for good and sufficient cause any employee of his de
partment.
Mr. W illiams also moves that in the Senate committee
amendment, after the word “ promoted,” on line 5, page T54,
there be inserted these words, “ or reappointed at the end of
his five years’ service,” and on line 6 strike out the words
“ below which no employee may fall without being demoted,”
and insert, after the word “ rating,” on line 6, this language,
“ and any employee having this rating shall be reappointed to a
place in the service, unless on charges made he shall be deemed
in character unfit,” so that the amendment shall read as fol
lows :
S e c . 0. The Civil Service Commission shall, subject to the approval
of the President, establish a system of efficiency ratings for the classi
fied service in the several executive departments in the District of Co
lumbia based upon records kent in each department and independent
establishment with such frequency as to make them as nearly as possible
records of fact. Such system shall provide a minimum rating of effi
For wages of workmen, clerks, and employees.
Mr. JONES. I follow the language that was in the last law.
Mr. GALLINGER. The word “ other ” ought to go out.
The PRESIDENT pro tempore. The amendment proposed by
the Senator from New Hampshire to the amendment proposed
by the Senator from Washington will be stated.
The Secretary. In the amendment just proposed, before the
word “ clerks,” it is proposed to strike out the word “ other,”
so as to read:
For wages of workmen and clerks and employees, $22,000.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
Mr. JONES. I desire to offer another amendment, to come
in on page 93, line 5, which I send to the desk.
The PRESIDENT pro tempore. The amendment proposed by
the Senator from Washington will be stated.
The Secretary. On page 93, line 5, after the sum “ $2,000,”
it is proposed to insert “ who may act as or be appointed
director,” so that if amended it will read:
Nautical Almanac Office : For assistants in preparing for publication
the American Ephemeris and Nautical Almanac, namely, one at $2,000,
who may act as or be appointed director.
The amendment was agreed to.
Mr. JONES. I offer another amendment on page 93, to strike
out lines 9, 10, and 11.
CONGRESSIONAL RECORD— SENATE.
1912
Mr. IIEYBURN. We have had hearings before the Com
mittee on Railroads of the Senate involving this question, and
it is one of such importance that the reservation ought to be
inserted. It can do no harm.
Mr. CUMMINS. Of course I want to meet the views of the
Senator from Idaho if I can, but I put this question to him :
Suppose the Union Pacific Railroad Co. had executed a con
veyance of land that it had a right to sell and afterwards it
attempted to repudiate that conveyance, and on behalf of the
right of the grantee of the conveyance Congress sought to vali
date it, the Senator from Idaho would not contend that to such
a bill there should be attached the condition or proviso he has
mentioned, because the subjects are so widely separated it
would seem a reflection upon our knowledge of the whole
matter to put such a proviso in this bill.
Mr. IIEYBURN. I will give the Senator some light on that
subject. It has been one of the attempted defenses in more
than one case that Congress has recognized those transfers by
reciting in legislation or basing legislation upon the assumption
that the railway company was successor to the railroad com
pany. The Northern Pacific, the Union Pacific, the Oregon
Railroad & Navigation, and I could name a number of them,
under this pretended reorganization merely changed the name
from “ railroad ” to “ railway.” It involves millions and mil
lions of dollars of unsettled questions in the courts, and it can
certainly militate nothing against the purpose the Senator has
in view to make that provision.
Mr. CUMMINS. Will the Senator from Idaho write out the
amendment, because I am unfamiliar with the subject he is
talking about?
Mr. IIEYBURN. I did not anticipate that the bill was com
ing up today. I pm quite familiar with the subject. I will
propose an amendment.
Mr. LODGE. While the Senator is preparing his amend
ment—
Mr. IIEYBURN. I was going to state the amendment.
Mr. LODGE. I beg pardon.
Mr. IIEYBURN. I will move to amend by inserting at the
end of the substitute the words:
8067
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill, which had been reported
from the Committee on Pensions with an amendment, on page
1 , line 8, after the words “ rate of ” to strike out “ one hun
dred ” and insert “ fifty ” ; so as to make the bill read:
Be it enacted, etc., That the Secretary of the Interior he, and he is
hereby, authorized and directed to place on the pension roll, subject to
the provisions and limitations of the pension laws, the name of Mary
Bradford Crowninshield, widow of Arent Schuyler Crowninshield, late
rear admiral, United States Navy, and pay her a pension at the rate
of $50 per month in lieu of that she is now receiving.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to be engrossed for a third reading,
read the third time, and passed.
LANDS IN THE DISTRICT OF COLUMBIA.
Mr. SUTHERLAND. I ask unanimous consent for the pres
ent consideration of Senate bill G .
688
The PRESIDENT pro tempore. The Senator from Utah asks
unanimous consent for the present consideration of a bill, the
title of which will be stated.
The Secretary. A bill (S. 6688) to repeal section 13 of the
act approved March 2, 1907, entitled “An act amending an act
entitled ‘An act to increase the limit of cost of certain public
buildings, to authorize the purchase of sites for public build
ings, to authorize the erection and completion of public build
ings, and for other purposes.’ ”
There being no objection, the Senate, as in Committee of the
Whole, proceeded to consider the bill. It proposes to repeal
section 13 of an act entitled “An act amending an act entitled
‘An act to increase the limit of cost of certain public buildings,
to authorize the purchase of sites for public buildings, to au
thorize the erection and completion of public buildings, and for
other purposes,’ ” approved March 2, 1907, which authorizes and
directs the Secretary of War to convey to the purchaser from
the United States of square 1131, the south part of square 1117,
and the squares south of squares 1123,1148, and 1149, in the city
of Washington, all the interest of the United States in the land
lying south of the squares so purchased and between them and
Provided, That nothing herein contained shall he taken or construed the channel of the Anacostia River upon the payment by
to be a recognition of any right in the Union Pacific Railway Co. as suc
the purchaser into the Treasury of the United States of such
cessor in interest to the Union Pacific Railroad Co.
Mr. CUMMINS. In so far as I can, I will accept the amend sum of money as the Secretary of War, upon consideration of all
the circumstances, shall determine proper to be paid for the
ment.
The PRESIDENT pro tempore. The amendment will be land, and which authorizes and directs the surveyor of the Dis
trict o f Columbia to mark out such land and determine the
stated.
The Secretary. At the end of the bill it is proposed to in areas and to record a plat thereof.
The bill was reported to the Senate without amendment, or
sert the following w ords:
dered to be engrossed for a third reading, read the third time,
P r o v id e d , That nothing herein contained shall be taken or construed
and passed.
to be a recognition of any right in the Union Pacific Railway Co. as
successor in interest to the Union Pacific Railroad Co.
Mr. CUMMINS. Has the amendment proposed by the com
mittee been adopted?
The PRESIDENT pro tempore. It has not been. The amend
ment offered by the Senator from Idaho is necessarily an amend
ment to the amendment of the committee.
Mr. CUMMINS. Very well; I repeat that I accept it so
Ru- as I can.
The PRESIDENT pro tempore. The amendment to the
amendment will be agreed to, without objection.
Mr. SMOOT. I notice on the calendar that this bill is stated
as having been reported from the Committee on Public Lands.
Mr. CUMMINS. N o ; it was reported from the Committee on
the Judiciary.
Mr. SMOOT. The calendar states that it was reported from
the Committee on Public Lands.
Mr. CUMMINS. The calendar is wrong in that respect.
Mr. SMOOT. The reason I called attention to the fact was
that the calendar should be corrected, because the bill was
haver considered by the Committee on Public Lands.
Mr. CUMMINS. It was considered by and unanimously re
ported from the Committee on the Judiciary.
.The PRESIDENT pro tempore. It is properly stated on the
hill itself as reported by the Committee on the Judiciary.
The amendment to the amendment was agreed to.
The amendment as amended 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 bill to
he read a third time.
The bill was read a third time, and passed.
MARY BRADFORD CROWNINSHIELD.
. M LODGE. I ask unanimous consent for the present conl*.
mderation of the bill (S. 1152) granting an increase of pension
to Mary Bradford Crowninshield.
RETRIAL OF MILITARY ACADEMY CADETS.
Mr. DU PONT. I ask unanimous consent for the present con
sideration of Senate joint resolution No. 99.
Sir. GALLINGER. Let the title o f the joint resolution be
read.
The PRESIDENT pro tempore. The Secretary will read the
joint resolution by title.
The Secretary. A joint resolution (S. J. Res. 99) authoriz
ing the President to reassemble the court-martial which on
August 16, 1911, tried Ralph I. Sasse, Ellicott II. Freeland,
Tattnall D. Simpkins, and James D. Christian, cadets of the
Corps of Cadets of the United States Military Academy, and
SGntcncGd tliGin.
The PRESIDENT pro tempore. The joint resolution has
heretofore been read in full and an amendment agreed to. Is
there objection to its present consideration?
Mr. BRISTOW. The Senator from New York [Mr. R oot]
was very much interested in this joint resolution, and I do not
think it ought to be taken up in his absence. Personally, I
have not any objection to it; but he was very much interested
in it and spoke on it.
Mr. DU PONT. I think, Mr. President, the Senator’s objec
tions were largely of an impersonal character and on points of
law which were raised. I doubt very much if he objects to
the joint resolution itself.
Mr. BRISTOW. I think it is the custom not to take up any
matters of that kind in the absence of a Senator interested;
and it seems to me that the Senator from New York ought to
be present when it is considered. At least I should not want it
taken up under such circumstances.
The PRESIDENT pro tempore. Ie there objection?
Mr. SMOOT. I understood the Senator from New York had
an amendment which he desired to offer to the joint resolution.
Personally, I would not object; but I do not think the joint
resolution should be taken up in the absence of the Senator from
New York, and therefore I object.
C NjK SSIOS record—house.
O( E
jT
al
80(58
J une 13,
l
The PRESIDENT pro tempore. Objection is made.
Mr. GORE. I ask unanimous consent-----Mr. SWANSON. I understood the Senator from Delaware
expected to more to take up the joint resolution, and not to
ask that it be considered by unanimous consent.
The PRESIDENT pro tempore. The Senator asked that it
be taken up by unanimous consent. The Senator did not make
a motion to the effect stated by the Senator from Virginia.
Mr. SWANSON. I should like to be recognized after the
Senator from Oklahoma [Mr. Gore] has concluded, in order
that I may make that motion.
APACHE
t,
IN D IA N S ,
FORT SILL
MILITARY RESERVATION, OKLA.
Mr. GORE. I ask unanimous consent for the present con
sideration of Senate bill 677G.
Mr. LODGE. I thought a motion had been made to take up
the joint resolution.
The PRESIDENT pro tempore. The Chair did not so under
stand. The Chair did not hear such a motion.
Mr. SWANSON. I simply gave notice to that effect.
The PRESIDENT pro tempore. The Senator from Okla
homa asks unanimous consent for the present consideration of
a bill, the title of which will be stated.
The Secretary. A bill (S. 0776) for the relief of the Apache
Indians held as prisoners of war on the Fort Sill Military Res
ervation, in Oklahoma, and for other purposes.
The PRESIDENT pro tempore. The Secretary will read tl>e
bill for the information of the Senate.
The Secretary read the bill.
The PRESIDENT pro tempore. Is there objection to /he
present consideration of the bill?
[
Mr. IIEYBURN. I think I shall have to interpose an fobjection, because I want the report read when the bill coiies
up, and that will take up more time to-night than I carq to
consume. I hope the Senator from Oklahoma will not be] in
clined to press the. MU., to-night.
The PRESIDENT pro ternpdfei The Senator from Idibo
o b je c t.
retrial of military academy cadets.
Mr. SWANSON. I move that the Senate proceed to the
consideration of Senate joint resolution 99, unanimous consent
for th ■consideration of which was asked by tbe Senator from
Delaware [M r. dtt P o n t ] ,
'IT ■ PRESIDENT pro tempore. The Senator from Virginia
moves that tlie Senate proceed to tbe consideration of tbe joint
resolution named by liim notwithstanding the objection.
Mr. SWANSON. We should dispose of tbe matter one way
i or tlie other because if it does not pass soon it will be too late
| to do anything at all.
I The PRESIDENT pro tempore. The question is on the
motion of the Senator from Virginia. [Putting the question.]
By the sound tlio “ noes ” appear to have it.
Mr. SWANSON. I ask for division.
Mr. GALLINGER. Mr. President, we had better have the
yeas and nays if we are goibg to have anything. I ask for the
yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CURTIS (when his name was called). I am paired with
the Senator from Nevada [Mr. N ewlands ], Not knowing how
he would vote on this question if present, I withhold my vote.
Mr. DU PONT (when his name was called). I have a gen
eral pair with tbe senior Senator from Texas [Mr. C ulberson ].
As I am not aware as to bow he would vote on this question, I
withhold my vote. If I were permitted to vote I should vote
“ yea.”
Mr. GUGGENHEIM (when his name was called). I have a
general pair with the Senator from Kentucky [Mr. Paynter ].
I therefore withhold my vote.
Mr. IIEYBURN (when his name was called). I have a gen
eral pair with the senior Senator from Alabama [Mr. B a n k head ], and therefore withhold my vote.
Mr. LIPPITT (when his name was called). I have a gen
eral pair with the senior Senator from Tennessee [Mr. L ea ],
In his absence I will refrain from voting. If lie were here, and
I were at liberty to vote, I should v o t e n a y .”
Mr. SUTHERLAND (when his name was called). I have a
pair with the Senator from Maryland [Mr. R ayner ], but I
transfer that pair to the junior Senator from Illinois [Mr.
L o r i m e r ] and vote. I vote “ nay.”
The roll call was concluded.
Mr. BOURNE. I should like to announce that my colleague,
the Senator from Oregon [Mr. Chamberlain ], is unavoidably
detained, He has a general pair with tlie junior Senator from
Pennsylvania [Mr. Oliver].
Mr. CRAWFORD (after having voted in the negative). I
voted through inadvertence and I wish to withdraw my vote, as
I have a pair with the senior Senator from Arkansas [Mr.
Clarice], and I do not know how he would vote if present.
Mr. ASHURST. I desire to announce that my colleague [Mr.
S m ith of Arizona] is unavoidably detained from the Chamber.
He is paired with the Senator from New Mexico [Mr. F all ].
Mr. SMITH of South Carolina. I have a general pair with
the junior Senator from Delaware [Mr. R ichardson ]. I trans
fer that pair to the junior Senator from Louisiana [Mr.
T hornton] and will vote. I vote “ yea.”
Mr. SHIVELY. My colleague [Mr. Ivern] is detained from
the Senate Chamber on important business. He is paired with
the junior Senator from Tennessee [Mr. Sanders].
Mr. DU PONT. As I have already stated, I have a general
pair with the senior Senator from Texas [Mr. Culberson], i
am informed that if lie were present he would vote “ yea ” on
this question, and I therefore will vote. I vote “ yea.”
Mr. GORE. I desire to announce that my colleague [Mr.
O w e n ] is necessarily absent . .frpra,the Senate. He has a gen
eral pair with ¥fte'Senator"from SontliDakota [Mr. Gamble ].
Tlie result was announced—yeas 17, nays 16, as follow s:
YEAS—17.
Asliurst
Bryan
Catron
du Pont
Fletcher
Bourne
Briggs
Bristow
Burnham
Bacon
Bailey
Bankhead
Borah
Bradley
Brandegee
Brown
Chamberlain
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
iigulberson
Gullom
Tillman
Watson
Shively
Martin, Va.
Smith, Ga.
Marline, N. J.
Smith. Md.
Myers
Smith, S. C.
Overman
Swauson
Perkins
NAYS— 16.
Gore
Burton
McCumber
Cummins
Page
Dillingham
Smoot
Gallinger
NOT VOTING— 61.
La Follette
Curtis
Lea
Davis
Lippitt
Dixon
Lodge
Fall
Lorimer
Foster
Gamble
McLean
Nelson
Gardner
Gronna
Newlands *
O'Gorman
Guggenheim
Oliver
Hey burn
Owen
Hitchcock
Paynter
Johnson, Me.
Penrose
Johnston, Ala.
Percy
Jones
Poindexter
Kenyon
Pomerone
Kern
X
\
Stephenson
S u t h e r la n d
T ow nsend
Wetmore
Rayner
Reed
Richardson
Root
Sanders
Simmons
Smith, Ariz.
Smith, Mich.
Stone
Thornton
Warren
Williams
Works
[The PRESIDENT pro tempore. No quorum has voted.
Afr. . SMOOT. I move that the Senate adjourn.
[The motion was agreed to; and (at 5 o’clock and 40 minutes
p. in.) the Senate adjourned until to-morrow, Friday, June 14,
1SL2, at 12 o’clock m.
H O U SE
T
OF
R E P R E S E N T A T IV E S .
h ursday
,
June 13, 1912.
The House met at 11 o’clock a. m.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Our Father in heaven, we thank Thee that the way is always
open for the betterment of tbe conditions of life and its farreaebing purposes. Possess us, we beseech Thee, with Thy
spirit, that we may see clearly the way, and walk fearlessly
in consonance with the highest dictates of conscience in all that
pertains to the duties of the hour, that Thy will may be done
in us, to the glory and honor of Thy holy name. For Thine is
the kingdom, and the power, and the glory forever. Amen.
The Journal of the proceedings of yesterday was read and
approved.
IM P E A C H M E N T
OF
C O R N E L IU S
H.
HANFORD.
Mr. CLAYTON. Mr. Speaker, I present to the House a privi
leged report on a resolution referred to the Committee on the
Judiciary a few days ago.
The SPEAKER. The gentleman from Alabama [Mr. Clay
ton ] presents a privileged report, which the Clerk will report.
The Clerk read as follows:
[House Report No. 880. Sixty-second Congress, second session.]
RELATIVE TO THE ALLEGED OFFICIAL MISCONDUCT OF CORNELIUS H.
HANFORD.
Mr. C l a y t o n , from the Committee on the Judiciary, submitted the
following report, to accompany House resolution 5 7 6 :
The Committee on the Judiciary, having had under consideration
House resolution 576, report the same back to the House with the fol
lowing amendment and recommend that the amendment he agreed to
and that as amended the resolution do pass :
Page 1, line 1, strike out all after the word “ Resolved” and insert
in lieu of the language so stricken out the follow ing:
“ That the Committee on the Judiciary be directed to inquire and
report whether the action of this House is requisite concerning the
\
8122
13.
0C - 1
1<
i f
<&
$0t
nU
tr
m
A
en^
CO N G R E SSIO N A L R E C O R D — SE N A TE .
fered an amendment to the amendment already adopted, or an
addition to it, the Senator from Utah raises the question as to
whether it is or is not germane, and the Chair submits that
Question to the Senate under the rule.
Mr. HITCHCOCK. Can the amendment already adopted and
the proposed amendment both be read together?
The PRESIDENT pro tempore. They will again be read.
The S ecretary . The Senator from Iowa [Mr. C u m m i n s ]
offered an amendment, on page 158, to follow an amendment on
that page already agreed to, offered by the Senator from Minne
sota [Mr. N e l s o n ]. The amendment reads:
I think, Mr. President, we are doing here an unwise thing in
undertaking to pass legislation of this character, the exact
scope and effect of which at least some of us have doubts about.
Mr. CRAWFORD. The amendment of the Senator from
Iowa provides for the service of notice in each of these cases
upon the defendants in the case. It is a pretty far fetched
objection to construe the requirements to go so far as to require
service upon some one entirely foreign to the case.
Mr. SUTHERLAND. The provision of the section which the
Senator from South Dakota now undertakes to make applicable
to the class of cases mentioned in his amendment is as follow s:
No interlocutory injunction suspcafT^? or restraining the enfoiceJhent, operation, or execution
an yja*uer made or entered by the In
terstate Commerce C o m m issio n S w fru e issued or granted by
J jj"
tice of the Supreme Court or by any district court of the United States,
or by any judge thereof, or b / any circuit judge acting as district
judge, unless the application f o f the same shall be presented to a jus
tice of the Supreme Court of/che United States, or to a c n ^ i i t o i d u g huct judge, and shall he heaul and determined by three ju d ^ s , w-WT^rn
at least one shall be a justice of the Supreme Court, or g rcircuit cgrtuL
judge,, — “ the other two/a a y .
„
_
u n io c .? and L i l c
L w o /m
annul
maJ«rity of sjyti th
W h e n ^ S i ap
cige, he shall immediately call
to
0f ^ll0 S u p rem eC S trt or
nine the application two other
iudils a£Sistance to h e a r l flTJ i
of such three judges shall be a
justfoo provided, however, T h a t,
rcuit JUUgc. Said appm.auuj.1
hot h U tae Supreme Court opra yuuuil judge. oaiu application shall
ine
neard or determined before A t least five days’ notice of the hearimisg
Aftnilr8 been given to thar Interstate Commerce C o ^^^oJ ap to t w
m ,.,
General of the United' States, and to sup rothe
arahioidefendants in the suit/P r o v i d e d , T h a t j lr a j
nor.,,.? loss, or damage w ould/result to the complain Sh i/' unless
or n r e s t r a i n i n g ordeii is^granted, any justice f t tbfe/supre
order fcircult or distri(?L*ifudge, may grant sucl? tem
cation * any time before such hearing and deft6rminanUU ^
order L
01’ an Interlocutory injunction, but such temporary restraining
the
stlall remain in force only until the hearing and determination of
said aPPltcation for an interlocutory injunction upon notice as aforei m.
The hearing upon such application for an interlocutory inandV1011 sbnll be given precedence, and shall be in every way expedited
evru be nssigned for a hearing at the earliest practicable day after the
t^u'ntion of the notice hereinbefore provided for. An appeal may he
e ~ , n. direct to the Supreme Court of the United States from the order
panting or denying, after notice and hearing and interlocutory in
junction in such c a se ; and upon the final hearing of any suit brought
u annul, enjoin, or restrain any order of said commission the same
applylement as to Judges aud the same procedure as to appeal shall
Said application shall not he heard or determined before at least
five days’ notice of the hearing has been given to the Interstate Com
merce Commission, to the Attorney General of the United States, and
to such other persons as may he defendants in th^-suit.
Mr. HEYBURN. I desire to call the attention of the Senator
offering the amendment to the fact that in the earlier part of
t he uses the term “ judge o f a circuit court.” There is no
such office now.
Mi’- CRAWFORD. That is in the amendment already adopted.
j MJ HE¥Bs
’.
tHi’N .'■T hew is » o such ,gourt. There are circuit
oil .s wff° sit in the circuit court of' appeals, hut there is no
iTuit court. That can he readily corrected. It Should be.
th^ ° PRESIDENT pro tempore. The Secretary will now read
o amendment proposed by the Senator from South Dakota
$.
J u n e 14,
L must be
t
,dants;
ttomey Gene,
iven to
Cprqmiss
suit is
ive.
not in
rnfc i
th railroad matters, why should notice
'be served/ untfn ny Attorney General of the United States?
Indeed, ydiy/sho
notice be served upon the'Attorney General
of the■ ■ d ■
es in a suit against the railway commission
in a St; t< /: H ^has nothing whatever to do with it.
Mr.
AWFORD^ I will asjgj*H perfert>the amendment by
d d in g '? ’*]) at iii such
the notice rc^lm^d shall be served
upon theyuefe,
s ii/y4 e casgynd upoivtne attorney general
of the Jgfate.’
' iW lT fE S I^ E N T pro tempore. The question is on agreeing
to the amendment of the Senator from South Dakota as modi
fied. [Putting the question.] The ayes appear to have it.
Mr. SUTHERLAND. I ask for a division.
Mr. SMOOT. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CRAWFORD (when his name was called). I have a
general pair with the junior Senator from Arkansas [Mr.
D a v i s ]. I will transfer that pair to the junior Senator from
California [Mr. W o r k s ] and vote. I vote “ yea.”
Mr. FLETCHER (when his name was called). I am paired
with the junior Senator from Kentucky [Mr. B r a d l e y ]. If he
were present, I should vote “ yea.” As he is not present, I with
hold my vote.
Mr. CRAWFORD (when Mr. G a m b l e ’s name was called).
My colleague [Mr. G a m b l e ] is necessarily absent. He has a
general pair with the senior Senator from Oklahoma [Mr.
O w e n ].
Mr. GARDNER (when his name was called). I have a gen
eral pair with the Senator from Massachusetts [Mr. C r a n e ].
On this question I transfer my pair to the Senator from Mis
souri [Mr. R eed ] and vote. I vote “ yea.”
1 Ti U b a w f o b d ] .
S o . Secretary. At the end of the amendment just read, the
Mr. HEYBURN (when his name was called). I have a gen
ha fox- f rom goutj1 Dakota [Mr. Crawford] moves to add the eral pair with the senior Senator from Alabama [Mr. B a n k A llo w in g :
h e J d ].
I transfer that pair to the junior Senator from Idaho
[Mr. B o r a h ]. I vote “ nay.”
ine
Provisions of this section shall also apply to issuing and grantor^ restraining the enforee- / -Mr. SHIVELY (when Mr. K ern ’ s name was called).
hJenf1 interlocutory injunctions suspending or restraining^the cnfor<
lnterlocutory
My col
board 0DGrfl**nr* M execution nf nrHprs rrmdfi bv anv administratl
boarri °Pei'ation, or
of orders made by any administrative league [Mr. K e r n ] is unavoidably absent on important business.
«, u
State. or commission created by and acting under the statutes of a He is paired with the junior Senator from Tennessee [Mr.
U*stf?rri is, Is the S a n d e r s ].
T h e PRESIDENT
Mr. LIPPITT (when his name was called). I have a general
outh Dakota [Mr.
‘ m en dm enT n ffh m U
pair with the senior Senator from Tennessee [Mr. L e a ], which
bawford] germane? Those who consider the amendment gerI transfer to the junior Senator from Illinois [Mr. L orim er ] and
say “ aye,” opposed “ no.” [Putting the question.]
vote. I vote “ nay.”
dote . ,y. s RPPChr to have it. The ayes have it, and the Senate
i e
Mr. McCUMBEIt (when his name was called). I am paired
qu ARnnes that the amendment is germane and in order. The with the senior Senator from Mississippi [Mr. P e r c y ]. Observ
bv ii 1011 now
upon the adoption bT the amendment offered ing that he is not in the Chamber, I will withhold my vote.
\. 10 Senator from South Dakota [Mr. C raw fo r d ].
Mr. PAYNTER (when his name was called). I have a gen
tenr ’ SUTHERLAND. Mr. President, I wish to call the at- eral pair with the senior Senator from Colorado [Mr. G uggen
his 1011
Uic Senator from South Dakota again to the fact that h e i m ] , who is absent from the Chamber, and I therefore with
be i.auiendment, if adopted, will require in every suit that may hold my vote. If lie were present, I should vole “ yea.”
°f (.IOU
?bt under it service of notice upon the Attorney General
Mr. SMITH of Arizona. I am paired with The Senator from
I cin*° United States and the Interstate Commerce Commission. New Mexico [Mr. F a l l ]. I transfer that pair to the Senator
It 11 UffPk he desires that that result should follow,
from Maryland [Mr. R a y n e b ] and vote. I vote “ yea.”
the S . *Ul'ther emphasizes what I have already said as to
Mr. SMiTH o f South Carolina (when his name was called).
geiVi’nw^
sd°m of undertaking to legislate in this way in the open I have a general pair with the junior Senator from Delaware
is air Upon a o b je c t of this far-reaching importance. There [Mr: R i c h a r d s o n ] . If I were at liberty to vote, I would vote
diu'>iG < r a bill of this same character, I understand, intro- “ yea.”
,a ^
C iarvp tlle Senator fi'om South Dakota, pending in the JudiMr. SUTHERLAND (when Ins name was called). I have a
®to0'(i Uommittee. The Senator shakes his head, but I under- pair with the Senator from Maryland [Mr. R ayneb]. I under
a]K)l]) ibat?such a bill had been introduced. Am I mistaken stand that I am at liberty to transfer my pair to the Senator
from New Mexico [Mr. F all], which I .do, and vote. I vote
m !' URAWFORD. No such bill has been introduced.
cert , : .SUTHERLAND. Then I am in error about that; but “ nay.”WILLIAMS (when his name was called). I have a gen
Mr.
Judic’
Sncl1 a bill could be introduced and referred to the eral pair with the senior Senator from Pennsylvania [Mr. P e n
ordeoary Uommittee, and by that conunittee taken up in an rose ]. If he were present and I were at liberty to vete, I
1 y way, and the whole subject considered.
J
1912.
CONGRESSIONAL RECORD— SENATE.
it it
this should not be covered by the amendment,
broad enough it should be broadened.
mission dealing with railway rates, but it may apply to any
Mr. CRAWFORD. That is the point. We are not here takadministrative board. It may apply to a case where a board
by some action is depriving a citizen of his civil rights or to any substantial rights from anybody. We are not even cu rtvf
any other case where he would have a right under the Consti ing or limiting in any way the right and power to issue n, '
liminary injunctions. We are simply providing a method uni '
tution or the laws of the United States to an injunction.
f
____
which the courts must act in
Then, again, the amendment proposes that the provisions of which the courts muse act m issuing preliminary injuncti G
beeiT
< ” ,f "•!n nrotect
1
this section as amended shall apply. Among the provisions of that will protect the States from what appears to have been°lls
the section is that notice shall be served upon the Attorney abuse. amendment I have proposed is no more subject to
The
I
General of the United States or upon the Interstate Commerce
point of order than the amendment proposed by the Senat ^ I
Commission.
Mr. CRAWFORD. I think the Senator will find that the from Iowa which the Senate has already adopted. That siim,
the provisions of section 266 to
injunctio.
language includes not simply the Attorney General, but in a extends orders made by the Interstate preliminaryCommissi *'s
Commerce
case where a State statute is involved it provides that notice against
shall be served upon the officers of the State. This, of course, This amendment will simply extend it in the same maim ’
r
makes it applicable only so far as concerns injunctions exactly to injunctions against orders made by administratiG
boards of a State.
v° *
against-----Now, there is not any difference in principle or in eff
Mr. SUTHERLAND. The Senator’s amendment does not
make applicable section 260 of the code, as I understand, but between its requirements as it would apply to a State boar i
it makes applicable the provisions of the section in this legis of railway commissioners and as it might apply possibly" f
some other administrative board created under and acting •
lative appropriation bill.
1
Mr. CRAWFORD. It could not be construed to make ap reference to a State statute. It could involve a constitution1)
plicable provisions entirely foreign to these orders. That would right in one case as in the other, and it seems to me it wouri I
be a discrimination that might make it subject to objection M
hardly be a reasonable construction of it.
Mr. SUTHERLAND. I entirely sympathize with the propo that it was class legislation to undertake to specify that i) j
sition that any application for an injunction against the State should apply to boards of railway commissioners. The board I
or the State officers, based upon the claim that the State of railway commissioners or some other administrative tribunai 1
statutes are opposed to the Constitution of the United States, of a State making these orders under a State law are governed
should be heard by the three judges. I quite agree to that. by the same fundamental principles, and the language of t i l l
And I quite agree that that principle ought to be extended so amendment as it is proposed would include one as it wouli j
as to include railway commissions acting under a statute; but include the other. Undoubtedly in practically all the case^ I
I should have to know more about the scope of this amend which would arise under it the subject of difference would n8 1
ment—what it is going to result in—before I would be willing upon the one part with the board o f railway commissioners «
01 j
to consent to extend that principle to every administrative a State.
It has been a subject of great irritation and annoyance t I
board in the State.
I think it is a dangerous thing to undertake to put legisla have solemn acts of the State legislature and orders made h° I
tion of this character upon an appropriation bill—legislation boards under acts of a State legislature rendered ineffecti • I
that has never been considered by any committee of the Senate. by the hasty arbitrary issuance of preliminary injunctions h° ■
■
Not because I am opposed to the principle, as I have stated, district judges. There has been grave abuse in that directs
but for the other reason suggested, I make the point of order and tlie Senator from North Carolina, with whom I ]la(j J
number of conferences at the time—he drew this provision • j
a
that it is general legislation.
'l
Mr. HEYBURN. If the Senator will withhold the point of section 266 when the railway legislation was up a couple
order for a moment, I desire to ask a question which may years ago—was undertaking and intended to cover these ordo°f
throw some light upon it. If we abolish this court, will the of State boards, as well as the naked provisions of a StHp
I
provisions that existed before the establishment of this court, statute. But as the provision has been construed the gr‘
in regard to appealing from the action of the Interstate Com majority of the cases which arise are not within it and tl (
116
merce Commission, be in effect or would we be entirely without purpose of this amendment is to make it include them.
The PRESIDENT pro tempore. What is the point of 0m
any provision, having abolished the Court of Commerce, for
or |
reviewing the action o f the Interstate Commerce Commission? made by the Senator from Utah?
Mr. SUTHERLAND. I make the point of order under clan
'
Mr. SUTHERLAND. No; I understand not. I understand
3 of Rule XVI, first, that the amendment proposes gener ? I
the section as now amended provides for that review being
legislation, and, second, that it is not germane or relevant t
had by these three judges.
Mr. HEYBURN. The original law would not be applicable the subject matter contained in the bill. Certainly tlie latt ° I
at a ll; the original law in regard to reviewing the decisions point is clearly good, because there’is not a syllable in this p ?
of the Interstate Commerce Commission is out of effect now, to which an amendment of this character can by any stret i
of the imagination apply.
tch
and it would not be revived by anything we do.
This is an appropriation bill, and this particular part of
Mr. SUTHERLAND. I should say not.
<
Mr. IIEYBURN. Then, should we not confine ourselves to proposes to transfer the jurisdiction of the Commerce Co 1:
merely substituting the United States district courts with the to certain other courts, and provides that in proceedings hivol
same rights and powers? And is this an appropriate time to ing cases heretofore under the jurisdiction of the Coniine ' '
attempt to amend or extend the powers of review? I should Court a certain number of judges shall act. Now it is „rce <
think not. I am in accord with the opinion, as I understand posed to provide, in addition to that,' that these judges shall g
it, of the Senator from Utah, that whenever we attempt to upon a totally different class o f cases, to which class of Ca^C.
dSe?
enlarge or add anything to the provisions now existing, which this bill does not in the remotest degree refer.
Mr. CRAWFORD. I simply desire to say that the Sernf H
are really transferred to another court without addition or
subtraction, that that is as far as we should go at this time. has already adopted the amendment of the Senator from i0.ate ! *
i)’
We ought not to attempt to legislate beyond the scope o f ex which does put into that law legislation upon this very suhilV
The PRESIDENT pro tempore. The Senator from Utah rfr
isting powers vested in the court that we abolish.
Mr. OVERMAN. May I ask the Senator from South Dakota S u t h e r l a n d ] raises the question as to whether this amendm lF‘ v
a question? I think ho has the floor. I want to know if that is germane to the amendment already adopted. Under the rn*'
question has bqen decided by the circuit court of appeals. of the Senate the Chair is compelled to submit that quesH °
to the Senate. The Chair will state that if limited to the qU0Q
Where was that question raised?
Mr. CRAWFORD. In litigation now pending, arising from tion of general legislation, the Chair would rule that it 4 i
an act which South Dakota enacted two years ago. It has not order, on the ground that it is an amendment to a subie'f
been decided by the court of appeals, but was by the circuit matter that the Senate has already incorporated in the bill
court; and the impression is that the decision of the court is but the question of its being germane the Chair must submit- ! ’
well founded because of the narrow language used.
the Senate under the rule.
10
Mr. OVERMAN. Was the case appealed to the circuit
Mr. CRAWFORD. Mr. President, a parliamentary inquir
In the question the Chair suggests as to whether it is german
court of appeals?
Mr. CRAWFORD. I think it is pending there now.
as I understand it, the question is whether it is germane t
Mr. OVERMAN. There was a case from Kansas taken up the subject contained in the amendment already adopted h°
to the circuit court of appeals, and it was finally carried to the Senate which was offered by the Senator from Iowa.
>y
the Supreme Court, and the law was upheld; and I did not
The PRESIDENT pro tempore. The Chair understand* (ilnf )
know but that it. had the broadening effect the Senator speaks to be the question. The Senator from South Dakota having of
of. I may be mistaken about it. Therefore I do not see why
1912.
CONGRESSIONAL RECORD— SENATE.
would vote “ yea.” Observing the pair, however, I withhold
my vote.
The roll call was concluded.
Mr. McLEAN. I wish to announce that my colleague [Mr.
R randegee ] is paired with the junior Senator from New York
[Mr. O ’ G o r m a n ].
Mr. CHAMBERLAIN. I have a general pair with the junior
Senator from Pennsylvania [Mr. O l iver ] and withhold my vote.
Mr. BRIGGS. I have a general pair with the Senator from
West Virginia [Mr. W a t s o n ]. He is not present, and I with
hold my vote. I f I were at liberty to vote, I would vote “ nay.”
Mr. CURTIS (when his name was called). I am paired with
the Senator from Nevada [Mr. N e w l a n d s ], and therefore I
withhold my vote. I wish this announcement to stand for the
day.
Mr. WARREN (after having voted in the negative). I have
R general pair with the senior Senator from Louisiana [Mr.
R o s t e r ] , but he will stflnd paired during the consideration of
the bill to-day and on this subject with the Senator from Cali
fornia [Mr. W o r k s ]. I make this announcement for the day.
My colleague [Mr. C l a r k o f Wyoming], who is absent on
business o f the Senate, has a general pair with the Senator
from Missouri [Mr. S ton e ], and I also make that announcement
for the day.
Mr. BRIGGS. I transfer my pair to the senior Senator from
Pennsylvania [Mr. P enrose ] and vote. I vote “ nay.”
Mr. WILLIAMS. Under the provisions of that transfer I am
at liberty to vote. I vote “ yea.”
Mr. GORE. I wish to announce that my colleague [Mr.
O w e n ] is necessarily absent from the Senate. He is paired
with the senior Senator from South Dakota [Mr. G a m b l e ] , If
my colleague were present, he would vote “ yea.”
Mr. JOHNSON of Maine. I wish to announce my pair with
the senior Senator from New York [Mr. R oot ],
Mr. JONES. I wish to announce that my colleague [Mr.
P o indexter ] is detained from the Chamber on important busi
ness. I make this announcement for the remainder of the day.
Mr. CRAWFORD. As the transfer of my pair to the Sen
ator from California [Mr. W o r k s ] will not stand, I will trans
fer my pair [Mr. D a v is ], who I am informed would vote “ yea,”
to the senior Senator from New York [Mr. R oot ], which will
permit my vote to stand, and the Senator from Maine [Mr.
J o h n s o n ] is at liberty to vote.
Mr. JOHNSON of Maine. I am informed that under the
transfer of pairs I am at liberty to vote. I v b te.“ vea.”
The result was aft!inunced—yeas 32, nays 17, air follow s:
Ashurst
Bacon
Bristow
t'OWU
: Bryan
Clapp
Clarke, Ark.
Crawford
Briggs
Lurnham
Barton
Catron
Dillingham
5 abey
Mankhead
t]orah
"ou rn e
Dradley
"randegee
Lhaniberlain
Lhiltcn
Liark, W yo.
k o r?,n°
\ 'AiUora
\ Curtis
E A S— 32.
Martin, Ya.
Culberson
Martine, N. J.
Cummins
Myers
Gardner
Nelson
Gore
Overman
Hitchcock
Perkins
Johnson, Me.
Pomerene
Johnston, Ala
Shively
Jones
N AYS— 17.
McLean
du Pont
Page
Gallinger
Smoot
Heyburn
Stephenson
Lippitt
Sutherland
Lodge
NOT V O TIN G — 45.
Davis
Lorimer
Dixon
McCumber
Fall
Newlands
Fletcher
QiGorman
Foster
^Oliver
Gamble
f Owen
Gronna
Paynter
Guggenheim
Penrose
Kenyon
Percy
Kern
Poindexter
La Follette
Itayner
Lea
Reed
Warren
Wetmore
Richardson
Root
Sanders
Smith, Mich.
Smith, S. C.
Stone
Swanson
W atson
Works
\ So Mr. C raw ford ’ s amendment was agreed to.
. 'Mr. HEYBURN. Mr. President, I rise to a parliamentary
inquiry. The amendment to the amendment is adopted. Now
Bie amendment as amended, I suppose, is the next question, is
it not?^**^
The P R E ^ fi^ N T pro tempore. The original amendment was
adopted. This wa'k m i additional amendment.
Mr. HEYBURN. And now it has been amended.
The PRESIDENT pro tempore. But it does not change in
j\uy manner the status of the action o f the Senate in the adop
tion of the prior amendment.
Mr. IIEYBURN. My purpose in inquiring was that the R ecokd might show my justification in asking unanimous consent
Biot in line 10 , where the word “ cou rt” last appears, that word
Pe stricken out, because there is no such court, and I call atten
tion to the fact.
8123
Mr. CUMMINS. I know that. I followed the language of
the judicial code precisely. This will all be in conference, and
the conference committee can change the phraseology if nec
essary.
Mr. McCUMBER. Is an amendment now before the Senate,
Mr. President?
The PRESIDENT pro tempore. The Chair has not yet dis
posed of the request made by the Senator from Idaho [Mr.
I I eyisurn ] for unanimous consent for the striking out of the
word “ court.” Does the Chair understand that to be the mo
tion of the Senator?
Mr. HEYBURN. It not being amendable, I ask unanimous
consent that the word “ court ” be stricken out, it obviously
not having a proper place there.
Mr. CUMMINS. I have no objection at all to that.
Mr. NELSON. Mr. President, section 10 was adopted, as in
Committee o f the Whole, with one amendment, the amendment
offered by myself, yet it was excepted when the bill was re
ported to the Senate. We have amended it by two separate
amendments; so the question now before the Senate is upon
concurring in section 10 as amended.
The PRESIDENT pro tempore. The Senator from Minne
sota is correct as to that. The response which the Chair made
was as to the amendment offered by the Senator from Iowa
[Mr. C u m m i n s ] , He misunderstood the Senator from Idaho.
Mr. HEYBURN. And there was no objection to my amend
ment.
The PRESIDENT pro tempore. There was no objection, as
the Chair understood, to unanimous consent to striking out the
word “ court,” as requested by the Senator from Idaho. The
question now is upon concurring in the section to which two
amendments have been added this morning— section 10 of the
original bill as reported from the Committee o f the Whole and
as amended by the action of the Senate to-day.
Mr. SUTHERLAND. Mr. President, is it now in order to
call up the amendment offered by the Senator from Georgia
[Mr. S m i t h ] ?
The PRESIDENT pro tempore. Not unless it is an amend
ment to section 10, the section to which the Senator from Min
nesota [Mr. N elso n ] has referred.
Mr. SUTHERLAND. I thought that had been disposed of.
The PRESIDENT pro tempore. It has not been.
Mr. SUTHERLAND. Then I misunderstood the status.
The PRESIDENT pro tempore. The Chair understands that
section 10 is the one to which the Senator from Minnesota
[Mr. N elson ] referred and to which each of these amendments
has been added.
Mr. NELSON. Exactly.
The PRESIDENT pro tempore, The question now is upon
the adoption of section 10 .
Mr. NELSON. As amended.
The PRESIDENT pro tempore. As amended by the action of
Senate to-day [P
T
h
e
“ ayes” have
nd section IQ # 8-Tf?iiended is concurred
SUTHERLAND. I ask now for a vote— I do uot now
in just what part of the bill it occurs—on the amend
ment proposed by the Senator from Georgia [Mr. Sm ith ],
/ The ‘PRES I DENT pro tempore. The Chair is informed that
it is under the title of “ Judicial,” on page 147. The amend
ment will be reported to the Senate. It is the amendmeut
offered' by the Senator from Georgia and adopted as in Com
mittee of*the Whole. The question now is upon its adoption by
the Senate.
The S ecretary . On page 147, after line 10, the following
amendment was inserted:
The five additional circuit judgeships provided for by the act of
Congress approved June 18, 1910, and by chapter 9 of the act entitled
omonB ilio lows relating to Hie iiuiWop,- >
>
____ _____
engross ior me jr m iu c m ,
» ‘ U1 u B uuvicc and
consent of the Senate, to appoint five additional circuit judges is hereby
repealed, and the number of circuit judges is hereby reduced to 29.
Mr. McCUMBER. Mr. President, I can not give my consej
to the proposition that with the exception o f the Supreme^tfurt
o f the
in 1* ?iPOwer of.Con^W ff^rTholish
1
any court, nor that It is m ure1{VuWtJ (ff Congress to destroy the
term of office of any judge appointed to any of those courts. Be
lieving that this precedent will at some time in the history of
the country come back to plague us if adopted, and desiring a
record vote directly upon that proposition, I offer the amend
ment which I send to the desk, as a substitute for the amend
ment proposed by -the Senator from Georgia'; arid upon (hat I
ask for the yeas and nays.
The PRESIDENT pro tempore. The amendment proposed
hv the Senator from N o r th Dnl.-nfn w ill he stated.
8124
CONGRESSIONAL EECORD— SENATE.
J
u n e
14,
tion. The effect of such an act would be nothing short of revo
lution. Therefore I say such legislation has a strong revolu
tionary tendency, and I can not give my consent to it.
^ k ile I was opposed to the establishment of the Commerce
That five additional circuit judges appointed under the provisions of
an act to create a Commerce Court, approved .Tune 18, 1910, shall from
Coirrt I would not have voted to abolish it for the reasons
time to time be assigned by the Chief Justice of the United States for
wl/ch most of the Senators gave who so voted, to w it: That
L service in any district court or the circuit court of appeals for any
tyat court had rendered decisions that did not meet with their
^ C ir c u it.
-Approval. I had the honor to serve upon a bench for some
PRESIDENT pro tempore. The Senator from North. years, and I know how easy it is for courts to err. I have seen,
Dakota offers ■
this
-d'lstiffeftfifite tor the amendment proposed
in my judgment, this great body of men commit as great errors
by the Senator from Georgia.
as the courts of the country, including the Court of Commerce,
Mr. LODGE. It is an amendment to strike out and insert.
have committed. So it is human to err.
The PRESIDENT pro tempore. The amendment of the Sen
I am opposed to the recall of judges because they may render
ator from North Dakota is to strike out the amendment offered opinions that may not meet with popular favor; I am opposed
by the Senator from Georgia.
to the
and I
Mr. McCUMBER. That is the effect of the motion, Mr. Presi method recall of judicial decisions; judges, am opposed to this
of trying to
five
it seems, are
dent, to strike out the amendment adopted as in Committee of objectionable to manyget rid of of this body.who,therefore shall
Members
I
the Whole, known as the amendment offered by tile Senator vote agaiustDie -ftrnrnmiient oFtlm ^murtor from Georgia [Mr.
from Georgia, and to insert in lieu thereof the language which
S ir a sL I shall, however, vote in favor of the amendment pro
has just been read.
The PRESIDENT pro tempore. In order to prevent any mis posed by the Senator from North Dakota [Mr. M cCumber].
The PRESIDENT pro tempore. The question is upon agree
construction subsequently, the Chair will state that the amend
ment offered by the Senator from Georgia [Mr. S m it h ] is now ing to the amendment offered by the Senator from North Da
before the Senate as if originally offered; in other words, it is kota, to insert the words just read in lieu of the amendment
.offered by the Senator from Georgia, which has been adopted
an amendment proposed in the Senate.
Mr. LODGE. The amendment was adopted as in Committee as in Committee of the Whole.
Mr; WARREN and Ml LODGE- On that the. Senator from
of the Whole.
North Dakota asked for the yeas and nays.
Mr. GALLINGER. And agreed to.
The PRESIDENT pro tempore. The Senator from North
Mr. LODGE. And agreed to.
The PRESIDENT pro tempore. But it has not been con Dakota has asked for the yeas and nays.
The yeas and nays were ordered.
curred in by the Senate.
Mr. LODGE. As I understand, the question is on the sub
Mr. LODGE. This is a motion to strike out and insert.
The PRESIDENT pro tempore. It is not a part of the bill stitute amendment of the Senator from North Dakota for the
amendment of the Senator from Georgia.
as the bill has been reported to the Senate.
The PRESIDENT pro tempore. It is. The Secretary will
Mr. LODGE. Certainly not, but this is a motion to sub
call the roll.
stitute other language for it.
The Secretary proceeded to call the roll.
The PRESIDENT pro tempore. That is undoubtedly true,
Mr. BRIGGS (when his name was called). I have a general
but the Chair desires to recall attention to the fact that it does
not occupy the same status that it would if it were an amend pair with the Senator from West Virginia [Mr. W atson ]. I
transfer that pair to the senior Senator from Pennsylvania
ment proposing to strike out a paragraph of the bill.
Mr. LODGE. It is to strike out from the report of the Com [Mr. P enrose] and vote. I vote “ yea.”
Mr. ASHURST (when Mr. Chamberlain ’s name was called).
mittee of the Whole.
The PRESIDENT pro tempore. Yes; but it is pending now I am authorized to announce that the Senator from Oregon
before the Senate subject to all the features which would attach [Mr. Chamberlain ] is paired with the Senator from Pennsyl
vania [Mr. Oliver] and that the Senator from Oregon is neces
to an amendment offered in the Senate.
sarily absent from the Senate Chamber on official business.
Mr. GALLINGER. Exactly.
Mr. CRAWFORD (when his name was called). I have a
Mr. PAYNTER. Mr. President, is it in order to submit an
general pair with the junior Senator from Arkansas [Mr.
observation on the question?
D avis ] and therefore withhold my vote.
The PRESIDENT pro tempore. It is.
Mr. CULLOM (when his name was called). I have a gen
Mr. PAYNTER. Mr. President, I do not intend to enter
upon any discussion of this question and I shall only state my eral pair with the Senator from West Virginia [Mr. C hilton ].
conclusions with reference to it. I am fully aware that nothing If he were present, I should vote “ yea.”
Mr. FLETCHER (when his name was called). I am paired
I may say will have any effect on the action of this body, as
with the junior Senator from Kentucky [Mr. B radley]. I f he
Senators have their minds settled as to what they should do.
I was opposed t. the establishment of the Commerce Court, were present, I should vote “ nay.” In his absence I withhold
and if there was a vote upon that question as a separate meas my vote.
Mr. GARDNER (when his name was called). I again an
ure, I voted against it. I know the record shows that I was
opposed to the creation of the court. I voted, however, for the nounce my pair with the junior Senator from Massachusetts
bill which contained a provision for the court, because it had so [Mr. Crane ]. I transfer that pair to the Senator from Mis
many valuable provisions in it that I did not think I should souri [Mr. R eed] and will vote. I vote “ nay.”
Mr. HEYBURN (when his name was called). I am paired
allow my opposition to the establishment of the Commerce
Court to prevent me from voting for the measure. I believe with the senior Senator from Alabama [Mr. B an k h e a d ], and
that Congress is without power to remove from office the cir will therefore withhold my vote.
Mr. JOHNSON of Maine (when his name was called). I am
cuit judges who preside over the Commerce Court for the
time being. The repeal of the act creating the Commerce Court paired with the senior Senator from New York [Mr. R oot].
could not have the effect of abolishing the judgeships. They I transfer that pair to the Senator from West Virginia [Mr.
are not judges of the Commerce Court, but circuit judges as C hilton ] and vote. I vote “ nay.”
Mr. SHIVELY (when Mr. K ern ’s name was called). I again
signed for a time to preside over that court. The duties they
are to thus perform are only part of the duties which they are announce the unavoidable absence of my colleague [Mr. K ern ]
required by law to perform. The amendment offered by the from the Senate Chamber, and the fact that he is paired with
Senator from Georgia does not attempt to abolish the circuits the junior Senator from Tennessee [Mr. Sanders]. I desire
in the districts from which they were appointed. The circuit this announcement to stand for the rest of the day.
Mr. LIPPITT (when his name was called). I have a general
courts remain. The practical effect of the proposed amendment
is simply to remove from office five circuit court judges. The pair with the senior Senator from Tennessee [Mr. L ea ], which
effect is not to abolish the circuit courts, but to remove the I transfer to the junior Senator from Illinois [Mr. L orimer]
judges. In my opinion, the amendment will bo invalid if it and vote. I vote “ yea.”
Mr. McCUMBER (when his name was called). I have a gen
passes, and I am opposed to it on that ground. Even if Con
gress had the power to enact it into a law I would still be eral pair with the senior Senator from Mississippi [Mr. Percy],
opposed to it, because of its revolutionary character.
It I transfer that pair to the junior Senator from Delaware [Mr.
threatens the independence of the judiciary. Unless the inde R ichardson ] and vote. I vote “ yea.”
pendence of the judiciary is maintained, the right to life, prop
Mr. PAYNTER (when his name was called). I have a gen
erty, and the pursuit of happiness is in jeopardy. If Congress eral pair with the Senator from Colorado [Mr. Guggenheim ],
is in political accord with the Executive, every circuit judge He is absent from the Chamber; but I am informed that if he
might, in the manner here proposed, be removed from office and were present he would vote “ yea ” on this question; so I will
their places filled by the political adherents of the administra take the liberty of voting. I vote “ yea.”
/
’
The Secretary. In lien of the words inserted as in Committee of the Whole on the motion of Mr. S m ith of Georgia, Mr.
M cCumber now proposes to insert the following:
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. SMITH of Arizona (when his name was called). I
Again announce my pair with the Senator from New Mexico
[Mr. F a l l ]. I transfer that pair to the Senator from Montana
[Mr. M yers ] and will vote. I vote “ nay.”
Mr. SMITH of Michigan (when his name was called). I am
paired with the junior Senator from Missouri [Mr. R eed], but
I understand that the Senator from Maine [Mr. G ardner], who
is paired with the Senator from Massachusetts [Mr. C rane ],
Iris transferred his pair to the Senator from Missouri, so that
I am at liberty to vote. I therefore vote “ yea.”
Mr. SMITH of South Carolina (when his name was called).
I have a general pair with the junior Senator from Delaware
[Mr. R ichardson ]. I transfer that pair to the Senator from
Mississippi [Mr. P ercy ] and vote. I vote “ nay.”
Mr. SUTHERLAND (when his name was called). I am
paired with the Senator from Maryland [Mr. R ayn er ]. In his
absence I withhold my vote. I f he were present, and I were
Permitted to vote, I should vote “ yea.”
. Mr. CLAPP (when Mr. T hornton ’s name was called). The
Junior Senator from Louisiana [Mr. T hornton ] is paired on
this vote with the junior Senator from North Dakota [Mr.
Gronna ],
Mr. WILLIAMS ( when his name was called). I have a gen
eral pair with the Senator from Pennsylvania [Mr. P enrose].
-Mie Senator from New Jersey [Mr. B riggs] has transferred
Ris pair with the Senator from West Virginia [Mr. W atson ]
i ° the Senator from Pennsylvania [Mr. P enrose ]. I am there
fore at liberty to vote, and desire to vote. I vote “ nay.”
d'he roll call was concluded.
Mr. CULLOM. As already announced, I have a general pair
with the Senator from West Virginia [Mr. C h ilto n ]. I trans
fer that pair to the Senator from New York [Mr. R oot] and
vote. I vote “ yea.”
Mr. DILLINGHAM (after having voted in the affirmative).
I observe that the senior Senator from South Carolina [Mr.
T il l m a n ], with whom I have a pair, is not present and has not
voted. I therefore withdraw my vote.
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [Mr. O’Gorman]. Noticing that that
Senator has not voted, I withhold my vote. I f I were at liberty
to vote, I should vote “ yea.” I will let this announcement
stand for the rest of the day.
Mr. LODGE. I desire to say that my colleague [Mr. C rane ],
Tvho is now paired with the junior Senator from Missouri [Mr.
R e e d ] , if present would vote “ yea.”
Mr. HEYBURN. When my name was called I announced a
Pair with the senior Senator from Alabama [Mr. B a n k h e a d ].
f <lo not kuow how that Senator would vote if present, but I
Resire to say that were I at liberty to vote I should vote “ yea.”
Mr. PERCY. X
the junior Senator from
Delaware [Miv R ichardson ]. I tfhlrvfer that pair to the
^euatoiv-^ffoni Nebraska [Mr. H itchcock ] and' vote. I vote
The result was announced—yeas 23, nays 25, as follow
Y E A S — 23.
£ riggS
Drown
fku'nham
Burton
Patron
kullom
Gallinger
Guggenheim
Jones
Lippitt
Lodge
McCumber
Aslmrst
Cummins
Gardner
Gore
Johnson, Me.
Johnston. Ala.
Martin, Va.
Martine, N. J.
McLean
Nelson
Page
Pay n ter
Perkins
Smith, Mich.
Smoot
Stephenson
Townsend
Warren
Wctmore
N A Y S — 25.
Bacon
J]ristow
Bryan
n aPP
k arke, Ark.
vutberson
Overman
Percy
Pomerene
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Swanson
W illiam s
NOT V O T IN G — 4G.
Bailey
jhinkhead
Borah
Bourne
Wad ley
degee
i f i S " 1"
O r f f i W y°Lrawford
Curtis
Davis
Dillingham
Dixon
du Pont
Fall
Fletcher
Foster
Gamble
Gronna
Heyburn
Hitchcock
Kenyon
Kern
La Follette
Lea
Lorimer
Myers
Newlands
O’Gorman
Oliver
Owen
Penrose
Poindexter
Rayner
Reed
Richardson
Root
Sanders
Stone
Sutherland
Thornton
Tillman
W atson
Works
^ So Mr. McCumber’ s amendment to the amendment o f Mr.y
Smith of Georgia was rejected.
_
,
_
The PRESIDENT pro tempore. The hill is in the Senate and
still open to nmnrrnTriWf.
.
Mr. SMITH of Georgia. As I understand, the question now is
upon the amendment which I reserved.
8125
The PRESIDENT pro tempore. The question is upon conburring in the amendment proposed by the Senator from Georgia
[Mr. S m it h ], whiclrwas adopted as in Committee of the Whole.
Mr. SUTHERLAND. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. LODGE (when Mr. C rane ’ s name was called). My col
league [Mr. C rane ], who is paired with the junior Senator
from Missouri [Mr. R eed] would, if present, vote “ nay.”
Mr. CULLOM (when his name was called). I have a gen
eral pair with the junior Senator from West Virginia [Mr.
C h ilto n ]. I transfer it to the senior Senator from New York
[Mr. R oot] and will vote.
I vote “ nay.”
Mr. FLETCHER (when his name was called). I again an
nounce my pair with the junior Senator from Kentucky [Mr.
B radley ]. If he were present, I should vote “ yea.” In his
absence, I withhold my vote.
Mr. GARDNER (when his name was called). I again an
nounce my pair with the junior Senator from Massachusetts
[Mr. C rane ]. I transfer it to the junior Senator from Mis
souri [Mr. R eed] and will vote. I vote “ yea.”
Mr. JOHNSON of Maine (when his name was called). I
again announce my pair with the senior Senator from New
York [Mr. R oot]. I transfer it to the junior Senator from
West Virginia [Mr. C h ilto n ] and will vote. I vote “ yea.”
Mr-. SMITH of Arizona (when his name was called). I again
announce my pair with the Senator from New Mexico [Mr.
F a ll ], I transfer it to the senior Senator from Maryland [Mr.
R ayn e r ] and will vote. I vote “ yea.”
Mr. SMITH of South Carolina (when his name was called).
I again announce my general pair with the senior Senator from
Delaware [Mr. du P ont ] and therefore withhold my vote.
Mr. SUTHERLAND (when his name was called). I again
announce my pair with the senior Senator from Maryland [Mr.
R ayner ]. Under the transfer made by the Senator from Ari
zona [Mr. S m i t h ], I understand I am at liberty to vote and
will vote. I vote “ nay.”
Jill*. WILLIAMS (when his name was called). I transfer my
pair with the senior Senator from Pennsylvania [Mr. P enrose]
to the senior Senator from West Virginia [Mr. W atson ] and
will vote. I vote “ yea.”
The roll call was concluded.
Mr. HEYBURN (after having voted in the negative). Inad
vertently I voted. I am paired with the senior Senator from
Alabama [Mr. B a n k h e a d ], Therefore I withdraw my vote.
Mr. BRIGGS. I have a general pair with the Senator from
West Virginia [Mr. W atson ]. I transfer it to the senior Sena
tor from Pennsylvania [Mr. P enrose] and will vote. I vote
“ nay.”
I make this announcement for the day.
Mr. HEYBURN. I understand I am now at liberty to trans
fer my pair to the junior Senator from Kentucky [Mr. B rad
l e y ].
I so transfer it, and will vote. I vote “ nay.”
Mr. LIPPITT. I again announce the transfer of my pair
with the senior Senator from Tennessee [Mr. L ea ] to the junior
Senator from Illinois [Mr. L orimer] and will vote. I vote
“ nay.”
Mr. FLETCHER. In pursuance of the transfer of pairs an
nounced by the Senator from Idaho [Mr. H eyburn ] I am at lib
erty to vote. I vote “ yea.”
Jill*. -CRAWFORD. I desire again to announce my general
pair with the junior Senator from Arkansas [Mr. D a v is ].
Mr. SMOOT. I desire to announce that the senior Senator
from Kansas [Mr. Curtis ] has a pair with the Senator from
Nevada [Mr. N ew lands ].
. . . . . .
0
Mr. CLAPP. I desire to announce that the junior Senator
from Louisiana [Mr. T hornton ] has a pair with the junior
Senator from North Dakota [Mr. Gronna ]. I will let that
statement stand as to all votes relating to the Commerce Court.
Jill*. CRAWFORD. I desire to make the announcement for
the remainder of the day that my colleague [Mr. Gam ble ] is
necessarily absent and has a general pair with the senior Sena
tor from Oklahoma [Mr. O w e n ],
Mr. ASHURST. I have been requested to announce that the
Senator from Oregon [Mr. CH'AMBftfYiYNt”ha^:n pair with the
Senator from Pennsylvania [Mr. O liver], and that'The Senator
from Oregon is necessarily absent from the ChamberN^
The result was announced—yeas 28, nays 2G, as follow*:
Ashurst
Bacon
Bristow
Bryan
Clapp
Clarke, Ark.
Culberson
Y E A S — 28.
Cummins
Martin, Va.
Fletcher
Martino, N. J.
Gardner
Myers
Gore
Overman
Hitchcock
Percy
Johnson, Me.
Pomerene
Johnston, Ala.
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Swanson
Tillman
W illiam s
%
\
/
„V
CONC! RESSIONAL RECORD— SENATE.
812G
/
,1^
/
/
i
\
\
\
\
\
\
\
Briggs
Brown
Burnlmra
Burton
Catron
Cullom
Dillingham
Bailey
Bankhead
Jlorah
[Bourne
Bradley
Brandegee
/Chamberlain
(Chilton
'Clark, V’ yo.
v
Crane
du Pont
Gallinger
Guggenheim
Ileyburn
Jones
Lippitt
Lodge
NAYS— 26.
McCumber
McLean
Page
Pay n ter
Perkins
Smith, Mich.
Smoot
NOT VOTING— 40.
Crawford
La Follette
Curtis
Lea
Davis
Lorimer
Dixon
Nelson
Fall
Newlands
Foster
O’ Gorman
Oliver
Gamble
Gronna
Owen
Penrose
Kenyon
Poindexter
Kern
Stephenson
Sutherland
Townsend
W arren
Wetmore
Rayner
Reed
Richardson
Root
Sanders
Smith, S. C.
Stone
Thornton
Watson
Works
\ w S o the amendment was concurred in.
CULBERSON. Mr. President, I desire to make a per
sonal .stqtement about pairs. I have a general pair with the
Senator ft-om Delaware [Mr. d u P o n t ] . On the vote on the
amendment of the Senator from North Dakota, offered as a sub
stitute. I voted when my name was called, thinking the Senator
(from Delaware would come in. The matter passed from my
mind, and I let my vote stand, although the Senator from
Delaware did not come in and vote. The vote was 25 to 23.
My vote would not have changed the result, else I should very
gladly move to reconsider and have the matter righted.
Mr. CUMMINS. I offer the following amendment to im
mediately follow the amendment proposed by the Senator’ from
Georgia, just adopted.
The PRESIDENT pro tempore. The amendment will bo
read.
The S e c r e t a r y . On page 147, following the amendment
offered by the Senator from Georgia, just agreed to, insert:
So much of the act of Juno 18, 1910, and of March 3, 1911, au
thorizes or directs the said five judges to preside in the circuit or
district courts of the United States or in the circuit courts of appeal
or to exercise any of the powers, duties, or authority of circuit or
district judges or of said circuit or district courts or of said circuit
courts of appeal is hereby repealed.
The PRESIDENT pro tempore. The hour of 2 o’clock having
arrived, the Chair lays before the Senate the unfinished busi
ness, which will be stated.
The S e c r e t a r y . A bill (II. R. 20182) to amend an act en
titled “An act to provide revenue, equalize duties, and encourage
the industries of the United States, and for other purposes,”
approved August 5, 1909.
Mr. SMOOT. I ask that the unfinished business be tempo
rarily laid aside.
The PRESIDENT pro tempore. The Senator from Utah asks
that the unfinished business be temporarily laid aside. With
out objection it will bo so ordered. The question is upon the
adoption of the amendment submitted by the Senator from
Iowa [Mr. C u m m i n s ] .
The amendment was agreed to.
Mr. WILLIAMS. Mr. President-----Mr. OVERMAN. If the Senator from Mississippi will yield,
there is another amendment offered by the Senator from
Georgia.
Mr. SMITH of Georgia. And which will perfect it.
Mr. WILLIAMS. I withhold my amendment.
Mr. SMITH of Georgia. I will ask whether the reservation
carried with it also the two other amendments, one as to the
amount appropriated for the salaries of these judges and the
other as to the total. If it did, I ask that they be passed on.
Mr. WARREN. The matter of totals has already been pro
vided for by unanimous consent. The clerk has been instructed
on flic finishing of the bill to correct all totals.
Mr. SMITH of Georgia. That does not take care of the pro
vision in line 7.
Mr. WARREN. It takes care of the totals only.
Mr. SMITH of Georgia. It does not take care of the pro
vision in line 7, which refers to 34 circuit judges instead of 29,
and I call attention to that amendment.
The PRESIDENT pro tempore. The amendment will be read.
The S e c r e t a r y . On page 147, line 7, strike out “ thirtyfour ” before the words “ circuit judges ” and in lieu insert
“ twenty-nine.”
The amendment was agreed to.
Mr. WILLIAMS. Mr. President, I offer the amendment I
had printed and gave notice of on yesterday. I call the atten
tion of the Senator from Iowa to it.
The PRESIDENT pro tempore. The amendment will be
read.
The S e c r e t a r y . That the Senate amendment striking out
the House provision numbered section 5, beginning on line 19,
page 152, and including line 21, page 153, be disagreed to, and
J
u k e
1 4
that the House provision be adopted with the following amend
ments :
First. After the semicolon in line 1, page 153. all the language in
lhies 1, 2, 3, 4, 5, 6, and 7, down to the word “ provided ” in line 7
strickenout.
shall!! read as follows :
“ ® ;c . 5. That on and after July 1, 1913. all appointments to positionssin the classified service of the executive departments within the
District of Columbia provided for at annual rates of compensation shall
be made, after the probationary period of six months shall have ex
pired, for terms of five years each ; at the expiration of each such
appointment the employment of each person so appointed shall cease
and determine: Provided. That all persons separated hereunder from
tire classified service shall, except as hereinafter prescribed, be eligible
jfov, and may, in the discretion of the head of the executive department
be reappointed without examination for additional periods of live years
if at the time of such reappointment they shall be up to a standard
of efficiency prescribed by the Civil Service Commission and canable
of rendering a full measure of service in return for the salary of the
place to which they may be appointed : Provided further, That In re
ducing the force in any of the executive departments no honorably
discharged soldier or sailor whose record in said department is rated
good shall be discharged or dropped: And provided further, That
nothing herein shall be construed to prevent the head ot any depart
ment from removing any time for good and sufficient cause any em
ployee of his department.”
,
That in the Senate committee amendment, after the word
pr0_
moted,” in line 5, page 154, there be inserted the words ‘ or reap
pointed at the end of his fivo years’ service” ; and in line 6, strike out
the words “ below which no employee may fall without being demoted,”
and insert, after the word “ rating ” in line 6, this language,
and any
employee having this rating shall be reappointed to a place in the
service, unless on charges made he shall be deemed in character unfit,”
so that the amendment shall read as follows :
“ S ec 6 That the Civil Service Commission shall, subject to the
approval of the President, establish a system of efficiency ratings for
the classified service in the several executive departments in the District
of Columbia based upon records kept in each department and inde
pendent establishment with such frequency as to make them as nearly
as possible records of fact.
Such system shall provide a minimum
rating of efficiency which must be attained by an employee before he
mav be promoted or reappointed at the end of his five years’ service;
it shall also provide a maximum rating, and any employee having this
rating shall be reappointed to a place in the service, unless on charges
made he shall be deemed in character unfit; it shall further provide
for a service maximum rating below which no employee may fall
without being dismissed for inefficiency.
All promotions, demotions,
or dismissals shall be governed by provisions of the civil-service rules.
Copies of all records of efficiency shall be furnished by the departments
and independent establishments to the Civil Service Commission for
record in accordance with the provisions of this section.
The PRESIDENT pro tempore. The question is ou agreeing
to the amendment proposed by the Senator from Mississippi
[Mr. W i l l i a m s ] .
Mr. CUMMINS. Mr. President, I am very reluctant to con
sume any time of the Senate in the discussion of this amend
ment, but believing that it would be very disastrous to the civil
service of this country I feel that it is my duty to record some
of the conclusions that I hold with respect to the subject.
I believe that the employees o f the civil service o f the United .
States compose as faithful, efficient, loyal, and competent a body
as ever served the public in any country o f the world. I will
go further; I believe them to be as efficient and as faithful as
ever served any private enterprise in the country. I do not
believe that, as a whole, they are overpaid. I believe that some
o f them are overpaid and that some o f them are underpaid. I
believe that owing to a duplication o f work, which unfortunately
exists in many departments, and owing to a faulty system under
which the work is done, we have more employees than we
ought to have, and that with proper care with respect to the
duplication o f labor and proper care with respect to the system
under which the work is done we could dispense with a great
many o f the civil-service employees; and I am heartily for a
readjustment which will reach these results.
I believe that in the higher grades o f service the United
States is paying less to its men and its women than is paid
for like service anywhere in the country, and I hope the time
will come when we can readjust this system so that every man
and every woman will receive that which he or she fairly and
honestly earns.
This civil service of ours has five defects, and I feel obliged
to speak of them, because the amendments proposed by the
Senator from Mississippi will, if not destroy, radically revo
lutionize the system. The first is that the law should pre
scribe what employees should be in the civil service or rather
under civil service rules, what employees should enter upon
merit, upon competitive examination; and that power should
not have been remitted to the Executive. I think it is the
duty of Congress to speedily take up the subject and prescribe
by a statute what employees of this country shall enter upon
examination and shall be governed by the rules of the civil
service.
Second, there should be a reclassification of the civil service
employees in the departments, so that the grade held by a par-
1912.
CONGRESSIONAL RECORD— SENATE.
niversary of peace with England, which was referred to the
Committee oil Foreign Relations.
He also presented a petition of Holders’ Local Union, No. 71,
of Ansonia, Conn., praying for the passage of the so-called
Clayton injunction-limitation bill, which was referred to the
Committee on the Judiciary.
He also presented a memorial of sundry citizens of Gales
Ferry, Conn., remonstrating against the repeal of the antican
teen law, which was referred to the Committee on Military
Affairs.
Mr. WARREN presented a petition of the congregation of the
First Christian Church of Sheridan, Wyo.,. praying for the en
actment of an interstate liquor law to prevent the nullification
of State liquor laws by outside dealers, which was referred to
the Committee on the Judiciary.
Hr. BROWN presented a petition of members of the Central
Labor Union, of Lincoln, Nebr., praying for the passage of the
so-called Clayton injunction-limitation bill, which was referred
to the Committee on the Judiciary.
He also presented a petition o f members of the Commercial
Club, of Kansas City, Mo., praying for the enactment of legis
lation to regulqte the sale o f convict-made goods, which was re
ferred to the Committee on the Judiciary.
He also presented a petition of sundry citizens o f Chicago,
L 1-, praying fo r the enactment of legislation providing for the
retirement of officers of the Civil War Volunteer force upon a
Lur and equitably basis, which was referred to the Committee
on Military Affairs.
Mr. PERKINS presented a telegram in the natiire of a mem
rial from the San: Francisco Chapter, American Institute q f
|
Architects, of California, remonstrating against the repeal df
the act providing for competition among architects for all Fed
eral buildings, wliicli was referred to the Committee on Appro
priations.
He also presented telegrams in the naturerof memorials from
Frank B. Anderson add members of the Chamber of Commerce
of San Francisco, Cal* and o f members of the Northern Cali
fornia Hotel Association, remonstrating Against the enactment
of legislation prohibiting the use of tlie jPanama Canal by any
steamship company in which any railroad has an interest, which
were referred to the Committee on Intejfcceanic Canals.
Mr. BRADLEY presented a petit Lon of sundry citizens of
Fayette County, Ky., praying for tile enactment of an inter
state liquor law to prevent the nullification of State liquor laws
by outside dealers, which Was referred to the Committee on the
Judiciary.
f
Mr. ROOT presented a memorial of sundry citizens of King
ston, N. Y., remonstrating ^gainfet the establishment of a de
partment of public health, whichAvas ordered to lie on the table.
8505
By Air. McCUMBER :
A bill (S. 7211) to correct the military record of Samuel
Barry (with accompanying papers) ; to the Committee on Mili
tary Affairs.
'
By Mr. JONES :
r, #
A bill (S. 7212) granting an increase of infusion to Lucius E.
Fletcher; and
A bill (S. 7213) granting an increaj^of pension to Myra Von
W inkle; to the Committee on Pen stems.
By Air. BURNHAAI:
'
A bill (S. 7214) granting an ijficrease of pension to John Cook,
alias Joseph Aloore;
•>
•*
•
i-.
A bill (S. 7215) granting a pension to Amanda Barrett; and
A bill (S. 7216) gran^aig an increase of pension., to Alvah S.
H ow es; to the Commitjfcbe on Pensions.
By Air. BROWN
^
A bill (S. 7217) to amend an act entitled “An act to provide
revenue, equalize- duties, and encourage the industries of the
United States, and for other purposes,” approved August 5,
1909; to the Committee on Finance.
By Air. BORAH :
A bill (S. 7218) providing for the disposition of town sites in
connection with reclamation projects, and for other purposes;
to the Committee on Irrigation and Reclamation of Arid Lands.
By Air. CRANE:
A bill (S. 7219) granting an increase of pension to George-C.
Rider ; to the Committee on Pensions.
Air. OW EN:
A bill (S. 7220) to provide for the sale of 39.69 acres of the
surface of the segregated coal and asphalt lands of the Choctaw
and Chickasaw Nations to the Pittsburg County Fair (with ac
companying paper) ; to the Committee on Indian Affairs.
A bill (S. 7221) granting a pension to William II. II. Chest
nut ; to the Committee on Pensions.
By Mr. BRADLEY:
A bill (S. 7222) granting an increase o f pension to Hiram
Lay (with accompanying paper) ; to the Committee on Pen
sions.
By Mr. W ARREN:
A joint resolution IS. Jr'Re'sf 121) authorizing the use of cer
tain unexpended balances to defray expenses incident to parting
and refining bullion; to the Committee on Appropriations.
AMENDMENTS to SUNDRY CIVIL APPROPRIATION BILL (H..JS. 250G9).
Air. CRAWFORD submitted an amendment proposing to
appropriate $75., to reimburse the Government of the Philip
pine Islands for''expenses relative to the disinterment, ship
ment, and transportation of the remains of the late Ormon K.
Osbon, etc., intendedHo be proposed by him to the sundry civil
appropriation bill, wlH*di was referred to the Committee on
PENSIONS AND U N E A S E OF PENSIONS.
Appropriations and ordered to be printed.
Mr. McCUMBER, from the Committee on Pensions, to which
Air. NELSON submit tech-an amendment providing that no
was referred the bill (H. Ii. 24010) granting pensions and in allowance or disallowance theretofore made shall preclude an
crease of pensions to certain^ Soldiers and sailors of the Civil officer or enlisted man of the t^iited States or Volunteer Army
War and certain widows asfid dependent children of soldiers or his next of kin or personal Representative from applying
and sailors of said war, reported it with amendments and sub for and receiving any pay and allowance which may be due him
mitted a report (No. SOS).thereon.
under the decision of the Supreme Court of the United States,
etc., intended to be proposed by him to the sundry civil appro
BILLS AND JOlfcT RESOLUTION INTRODUCED.
priation bill, which was referred to tlie-.Committee on Appro
Kills and a joint resolution wore introduced, read the first priations and ordered to be printed.
time, and, by unanimous consent, tile second time, and referred
Air. GALLINGER submitted an amendiffisjit proposing to
as follows:
?
'-i
increase the number of topographic and hydrtyjraphic drafts
By .Air. SUTHERLAND:
men in the Coast and Geodetic Survey, etc., intended to be
A bill (S. 7205) granting jurisdiction to the Supreme Court proposed by him to the sundry civil a p p ro p ria tion 'll, which
° f the District of Columbia to quiet the title to lands in certain was ordered to be printed, and, with the accompanying paper,
cases; and
V
referred to the Committee on Appropriations.
A bill (S. 720G) districting the method of disposition of public
Air. OLIAT
EIt submitted an amendment relative to the ^ n a
land in the D istrj# of Columbia; to the Committee on the Dis tion of any landy&r building or the use of any land or buildhig
trict of Columbia?
in or near the city of Pittsburgh, Pa., suitable for expert-'
By Mr. WORMS:
mental work of the Bureau of Alines, etc., intended to be pro
A bill (S. 72$7) granting an increase., of pension to Cyrus posed by him to the sundry civil appropriation bill, which was
H. Lyons (w ijp accompanying paper) ; to the Committee on referred to -the Committee nn Appropriations m id (m lorn/i to i.~
..--e.........1
on Annrnnrintinne and ordered
be
Pensions.
printed.
By Mr. NELSON:
Air. SMOOT submitted an amendment proposing to appro
A bill (S. 7208) to amend an act entitled v“An act relating to priate $100,000 for inquiries and investigations into ithe methods
navigation (|f vessels, bills of lading, and to pertain obligations, of mining and treatment of ores and other mineral Kub^pguee*-,d iiH oc! and Rights in connection with H in M r iifld 'B of property, ”
n rn n ertv
duties,
the carriage
etc., intended to be proposed by him to the ^m diY ^ivil appro
approved February 13, 1893; and
\
referred to
A bill
7209) to authorize the construction o f a bridge priation bill, which was be printed. the Committee on Appro
priations and ordered to
across t h f Alississippi River at the town site of Sartell, Minn.;
..'"Mr. OWEN submitted an amendment proposing to approto the Committee on Commerce.
/p
By Air. SAIOOT:
'
. ria te $100,000 for inquiries and investigations into the mining
A bill (S. 7210) to apply a portion of the proceeds of the sales/ and treatment o f ores and other mineral substances, etc., in
° f Public lands to the endowment of schools or departments o f tended to be proposed by him to the sundry civil appropriation
mines and mining and to regulate the expenditure thereof; t< bill, which was referred to the Committee on Appropriations
|
and ordered to be printed.
the Committee on Alines and Alining.
____
"
_______
._________
m____________ ^
8506
i
* • . \t*l
J
.
.
CONGRESSIONAL RECORD— SENATE.
Mr. BRADLEY submitted an amendment proposing to appro
priate .$250,000 for expenses of tbe semicentennial exposition for
the celebration of the semicentennial anniversary of the act of
emancipation, etc., intended to be proposed by him to the sundry
civil appropriation bill, which was referred to the Committee on
Appropriations and ordered to be printed.
He also submitted an amendment proposing to appropriate
$25,656.80 for the purchase of additional land in Cave Hill
Cemetery, at Louisville, Ivy., etc., intended to be proposed by
him to the sundry civil appropriation bill, which was referred
to the Committee on Appropriations and ordered to be printed.
lie also submitted an amendment proposing to appropriate
$25,000 to enable the Census Department to collect statistics
concerning the quantity of. leaf tobacco in all forms in the
United States, etc., intended to be proposed by him to thp sundry
civil appropriation bill, which was referred to the Committee on
Appropriations and ordered to be printed.
He also submitted an amendment proposing to increase the
appropriation for the punishment for violations of internalrevenue laws, etc., from $140,000 to $150,000, intended to be pro
posed by him to the sundry civil appropriation bill, which was
referred to the Committee on Appropriations and ordered to be
printed.
OMNIBUS CLAIMS BILL.
Mr. CULLOM submitted an amendment intended to be pro
posed by him to the bill (H. R. 19115) making appropriation
for payment of certain claims in accordance with findings of the
Court of Claims, reported under the provisions of the acts ap
proved March 3, 1883, and March 3, 1887, and commonly known
as the Bowman and the Tucker Acts, which was ordered to be
printed and, with the accompanying paper, referred to the Com
mittee on Claims.
.
J uly l,
salary or other pay of the Government, in whgt capacity, the amount
of compensation paid each of them, the amount of time devoted by each
of them, including the candidates themselves, and the totsrl amount of
money paid by the Government to such persons a n d ^ h e aggregate
amount paid to all of them for the time consumed by ilicm all in con
ducting, carrying on, or in any way aiding in the Conduct of such
political campaign, giving the amount so paid for workers o f all kinds
for all of said candidates, giving them separately,
f
3. The proportion or percentage of the registered1f n d qualified voters
j
voting at the presidential primary elections in eaclf of the States, giv
ing the Republican and Democratic percentage of.,#btes cast separately,
and the total vote cast at such election in each of the States, giving
the Republican and Democratic votes separately^
4. The amount of money paid to newspaper^ and other publications
and periodicals and newspaper and other writjps for services of any and
every kind rendered by said newspapers add other publications and
periodicals and writers in aid or support m each and every candidate
for such office; the names of such newspapers and other publications
and writers and the amount paid to each,directly or indirectly, wliethcr
for additional subscriptions or otherwi|g; the amount paid by, for, or
on account of any such candidate ink the aggregate, and the whole
amount so paid by all of such cand|3ates to all of such newspapers,
publications, or periodicals.
f
5. The cost to the candidates an#'each of them, and of the delegates
attending the same, of the national convention for the nomination of
candidates for President of the Jlnited States, and each of them, and
for what purpose moneys werejpaid and used at each such convention,
and particularly whether the jApenses of any delegate to such conven
tion, or either of them, w er^paid, either in whole or in part, by any
one other than themselves, jrfnd if so, by whom and in what amounts
and ,pn what terms and coffditions, if any.
6. In what States corrupt-practice acts have been enacted applicable
to primary elections an*; in general terms, the provisions of each of
said acts and the penalties imposed for the violation thereof^
That said committed be authorized to sit during the sessions of the
Senate and during a$y recess of the Senate or of Congress ; to hold
sessions at such place or places as it shall deem most convenient for
the purposes of tire investigation ; to employ stenographers: to send
for persons and papers ; to administer oaths ; and to report the results
of its investigations, including all testimony taken by it, and that the
expenses of th«f inquiry shall be paid from the contingent fund of the
Senate upon .Vouchers to be approved by the chairman of the com
mittee.
f
Mr. WORKS. Mr. President, I liave been an earnest advo
cate of A e direct and presidential primaries. I believe they
are necessary to the preservation of the rights of the people
and the prevention of fraud and corruption in elections. I be
lie ve/they will have that effect if rightly and honestly conducted.
They have been on trial for the past few months. I think it is
lime to take account of stock and see what they have profited us.
IMPERIAL VALLEY, CAL. (S. DOC. NO. 8G7).
,
;|We have just passed through a campaign in both of the great
Mr. WORKS. Mr. President, a few days ago I offered an parties for the nomination of candidates for President of the
amendment to the sundry civil appropriation bill for the im-v Un%d States. No American citizen can look back upon it
provement of the Colorado River to prevent the overflow of without the blush of shame. Candidates for that great office
land in the Imperial Valley. This is a imvtter of urgency. Tlie have gone on the stump and canvassed for their own election.
appropriation has been urged by the Secretary of the Interior That was shame enough. But one of them was President of
and has been recommended by a special message of the President. the United States and another an ex-President, pitted against
I have here a statement showing the necessity for the improve each other,-, Their campaign was undignified, malicious, and dis
ment that is sought to be made. I move that the statement be graceful. fit was not a discussion of principles or an effort to
printed and referred to the Committee on Appropriations, to inform or instruct the people, but consisted of personal attacks
accompany the amendment.
,#
and counterattacks, criminations and recriminations. If half
The motion was agreed to.
k"
the things thej^said of each other were true, neither of them
EXPENSES IN PRESIDENTIAL CAMPAIGNS^
was fit to be nominated. The whole country was shocked at
Mr. WORKS. I offer the resolution which I stjnd to the desk, this unexampled 'spectacle. The people were humiliated and
indignant. It wasAopenly charged on the stump and on the
and ask that it be read.
The Secretary read the resolution (S. Res. 350). as follows: floor of the Senate wiat enormous sums of money were being
Whereas it is asserted and has been charged on tM^floor of the Senate used to carry the election. The people have a right to know
and elsewhere that large sums of money h&ye been furnished to whether this charge is'True or not. They have a right to know
and used by candidates for the office of Rifesident of the United
whether the direct primaries can be controlled by the use of
States by the various candidates for that o#ce to control the presi
dential primary elections in the different plates, and otherwise, to money, as we all know th e caucus and convention can be con
secure the election of delegates to the national conventions of the trolled and corrupted.
ifhtliey can, if the masses of the peo
Republican and Democratic Parties ; and /
ple can not be trusted andhtheir votes can be had for money,
Whereas it is well known that many person's drawing salaries or other
compensation from the Government foiyjfeervices as public officials or the last hope of maintainingVhe institutions of the country free
employees, from the President, Cabinet officers, and United States and uncorrupted has vanished, The hope of the country rests
Senators down, have been using the fame for which they have been upon the integrity and patriotilgn of the people.
paid by the Government in campaigning for themselves and others
We all know that public of% als, paid by the Government,
and aiding as campaign managers # d otherwise during this session
of Congress, and in the endeavor tofinfluence and control the primary from the President down, have g^;en their time, that the people
elections in the various States i q f the election of delegates and the are paying for, in carrying on 1
%: campaigns of the various
nomination of candidates for r e s id e n t of the United States : Now
candidates. The people have a i%ht to know how much of
therefore be it
#
the time paid for by them has bee%used in conducting, man
Resolved, That a committee oi^feven Senators, four Republicans and
three Democrats, bo appointed J6y the Vice President a special com aging, and manipulating politics in (fee interest of candidates.
mittee to investigate, inquire iqto, and report to the Senate the follow
They have a right to know, too, how %uch it cost to hold the
ing fa c ts •
/
nominating conventions and who put up the money for these
1. What amount of mone®rhas been subscribed, paid, or furnished
to or for the use of each an* every candidate for the nomination as a expenses. The enormous sums of money^xpended in political
candidate for President o f f the United States, both Republican and
Democratic, or to their andkeach of their managers, treasurers, auditors, coutests has become one of the crying evils, of the time. This
In
committees, agents, or friends, or paid out or subscribed in aid or sup country has every right to be informed on these subjects.
port of his candidacy, djtectly or indirectly, and the amount paid out other words, the people have a right to know how much it costs
by such candidate himself for such purpose, giving the name of each
such candidate, the anfiount subscribed, paid, and used for or in aid them, in money and time, to nominate a candidate for Presi
of his candidacy, by Xvliom paid, subscribed, or furnished, directly or dent, and how much the candidates and their supporters have
Indirectly, the name of each person or corporation by whom subscribed, paid in the attempt to secure the nominations. It is informa
furnished, or paid, and in behalf of which candidate ; the amount paid
by each person; the total amount subscribed, paid, and furnished to tion that touches the very vitals of our systems, new and old,
or in aid of the candidacy of each of such candidates ; the amount of of nominating candidates for President.
money paid out by or in aid of the candidacy of each such candidates
We have tried both the direct primaries and conventions in
and for what purpose, in detail, and the total amount subscribed, paid,
this campaign. The national convention at Chicago vtais a fit
or furnished to or for and paid out by all such candidates.
It was full of
2. W hat persons engaged in the campaign by and for each of such ting sequel to the campaign that preceded it.
candidates or in aid thereof, in whatever mode or form, were under ' malice and hatred.
Charges of fraud and corruption were
UNITED STATES DISTRICT COURTS.
Mr. WETMORE submitted an amendment intended to be
proposed by him to the bill (IT. E. 21226) relating to the com
pensation of clerks of the United States district courts, etS.,
which was referred to the Committee on the Judiciary and,,
ordered to be printed.
jjy s s i
1912.
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CONGRESSIONAL RECORD— SENATE.
l
37. G um s: Amber, and amberoid unmanufactured, or crude gum, $1
Per pound ; arable, one-half of 1 cent per pound ; camphor, crude, nat
ural, 3 cents per pound; camphor, refined and synthetic, 5 cents per
pound ; chicle, 20 cents per pound ; gum copal, one-half of 1 cent per
pound: gum resin, 10 per cent ad valorem : dextrine, burnt staich
or British gum, dextrine substitutes, and soluble or chemically treated
starch, three-fourths of 1 cent per pound ; gum Kauri and damar, and
lac, crude, seed, button, and stick, 1 cent per pound; lac dye and shell,
- c e n t s per pound.
,
38. Indigo, indigo extracts or pastes, and indigo carmined, 10 per
cent ad valorem.
39. Ink and ink powders, 15 per cent ad valorem.
40. Iodin e: Crude, 10 cents per pound; resublimed, 15_ cents per
pound; potassium iodide, 20 cents per pound; iodoform, 25 cents per
Pound.
41. Leaves, roots, and spices: Buchu leaves, 10 cents per pound;
coca leaves, 10 cents per pound : gentian, one-fourth of 1 cent per
Pound ; licorice root, unground, .15 cent per pound ; sarsaparilla root,
l cent per pound : all the foregoing in a crude state, and not advanced
m value or condition by refining, grinding, or other process; cassia
buds, cassia, and cassia v e ra ; cinnamon and cinnamon c h ip s; ginger
r°ot, unground and not preserved or candied ; nutmegs ; pepper, black
or white ; capsicum or red pepper, or cayenne pepper ; and clove stems,
1 cent per pound ; cloves, 2 cents per pound ; pimento, tliree-fourtlis of
l cent per pound; sage, one-half of 1 cent per pound; mace, 8 cents
Per pound; mustard, ground or prepared, in bottles or otherwise, G
cents per pound; all other spices not specially provided for in this act
? r in the first section of the act cited for amendment, 20 per cent ad
'•‘Uorem.
4 A Bemon juice, lime juice, and sour orange juice, all the foregoing
containing not more than 2 per cent of alcohol, 10 per cent ad valorem.
43. Licorice, extracts of, in pastes, rolls, or other forms, 15 per cent
arl valorem but not less than 2 cents per pound.
44. Lime, citrate of, 1 cent per pound.
, .
, 45 . Magnesia : Calcined. 3 } cents per pound; carbonate of, precipi
tated. 11 cents per pound; sulphate of, or Epsom salts, one-tenth of 1
cebt per pound ; magnesite, calcined, not purified, $1 per ton.
40. Menthol, 50 cents per pound.
4 n Methyl alcohol or wood alcohol, 5 cents per gallon.
48. Moss and sea grass, eel grass, and seaweeds, if manufactured or
uyed, 10 per cent ad valorem.
.
. ,
_
„ ,
. 49. Oils, rendered : Cod, sod, seal, herring, whale, and other fish
oil* not specially provided for in this act or in the first section of the
act cited for amendment, 5 cents per gallon ; cod-liver oil, 12 cents per
gallon ; wool grease, including that known commercially as degras or
brown wool grease, crude and not refined or improved in value or im
proved in value or condition, one-fourtli of 1 cent per pound ; refined or
improved in value or condition, and not specially provided for in this
act or in the first section of the act cited for amendment, one-half of 1
cent per pound : lanolin, 1 cent per pound; all other animal oils, ren
dered oils and greases, and all combinations of the same, not specially
Provided for in this act or in the first section of the act cited for
amendment, 15 per cent ad valorem.
. 50. oils, expressed: Alizarin assistant, sulphoricinoleic acid, and
ricinoleic acid, and soaps containing castor oil. any of the foregoing in
Whatever form, and all other alizarin assistants and all soluble greases
Used in the processes of softening, dyeing, or finishing, not specially
Provided for in this act or in the first section of the act cited for
amendment, 15 per cent ad valorem ; castor oil, 20 cents per g a llo n ;
cocoanut oil, palm oil, palm-kernel oil, and soya-bean oil, one-fourth of
t cent per pound; olive oil reudered unfit for use as food or for any
but mechanical or manufacturing purposes, by such means as shall be
satisfactory to the Secretary of the Treasury and under regulations to
be prescribed by him, three-eighths of 1 cent per pound ; flaxseed and
finseed oil, raw, boiled, or oxidized, 13 cents per g a llo n ; poppy-seed
bii" raw, boiled, or oxidized, rapseed oil. and peanut oil, 10 cents per
gallon ; hempseed oil and Chinese-nut oil, 5 cents per gallon ; almond
bn, sweet, 5 cents per pound ; mace oil, 8 cents per pound ; sesame or
sesamum seed or bean oil, 15 cents per pound; olive oil. not specially
Provided for in this act or in the first section of the act cited for amend
ment, 20 per cent ad valorem ; olive oil, in bottles, jars, kegs, or other
I ackagos containing less than 5 gallons each. 30 cents per gallon ; all
brher expressed oils and all combinations of the same, not specially
Provided for in this act or in the first section of the act "cited for ameud15 per cent ad valorem.
this act or in the first section of the act cited for amendment, 20 per
cent ad valorem.
54. Am bergris; enfleurage grease; musk, crude, in natural pods, and
musk in the grain ; civet, crude; all synthetic and essential oils and all
other odoriferous substances or preparations suitable for the manufac
ture of perfumes or cosmetics, or flavoring extracts, not specially pro
vided for in this act or in the first section of the act cited for amend
ment, 20 per cent ad valorem : Provided, That no article containing
alcohol shall be classified for duty under this paragraph.
55. Plasters, healing or curative, of all kinds, and court-plaster, 15
per cent ad valorem.
5G. ^Baryta, sulphate of, or barytes, including barytes earth, un
manufactured, 15 per cent ad valorem but not less than 40 cents per
to n ; manufactured, 20 per cent advalorem but not less than $1.30 per
ton ;_ blanc-fixe, or artificial sulphate of barytes, and satin white, or
artificial sulphate of lime, 20 per cent ad valorem but not less than
one-fourth of 1 cent per pound.
57. Blues, such as Berlin, Prussian, Chinese, and all others, contain
ing ferrocyanide of iron, in pulp, dry or ground in or mixed with oil
or water, 20 per cent ad valorem but not less than 3 cents per pound ;
ultramarine blue, whether dry, in pulp, or ground in or mixed with oil
or water, and wash blue containing ultramarine, 20 per cent ad valorem
but not less than 2 cents per pound.
58. Black pigments, made from bone, ivory, or vegetable substance,
by whatever name knowm ; gas black and lampblack, dry or ground in
or mixed with oil or water, 15 per cent ad valorem.
59. Chrome yellow, chrome green, and. all other chromium colors in
the manufacture of which lead and bichromate of potash or soda are
used, in pulp, dry, or ground in or mixed with oil or water, 20 per
cent ad valorem but not less than 3 cents per pound.
GO. Ocher and ochery earths, sienna and sienna earths, and umber and
umber earths, Spanish brown, Venetian red, Indian red, and colcothar
or oxide of iron, not specially provided for in this act or in the first
section of the act cited for amendment, when crude or not powdered,
washed or pulverized, 10 per cent ad valorem ; if powdered, washed,
pulverized, or ground in or.m ixed with oil or water, 20 per cent ad
valorem.
61. Lead pigm ents: Litharge, orange mineral, red lead, white lead,
and all pigments containing lead, dry or in pulp, and ground or mixed
with oil or water, not specially provided for in this act or in the first
section of the act cited for amendment, 25 per cent ad valorem but not
less than 1 cent per pound.
62. Lead, acetate of, white, and nitrate of, 1J cents per pound; ace
tate of, brown, gray, or yellow, 1 cent per pound ; all other lead com
pounds not specially provided for in this act or in the first section of
the act cited for amendment, 20 per cent ad valorem.
G3. Varnishes, including so-called gold size or japan, and enamel
paints made with varnish, 25 per cent ad valorem : Provided, That
spirit varnishes containing less than 10 per cent of methyl alcohol of
the total percentage of alcohol contained therein, shall be dutiable at
$1.32 per gallon and 25 per cent ad valorem.
64. Vermilion reds, containing quicksilver, dry or ground in oil or
water, 15 per cent ad valorem but not less than 75 cents per pound ;
when not containing quicksilver but made of lead or containing lead,
25 per cent but not less than 4 cents per pound.
65. W hiting and Baris white, dry, one-tenth of 1 cent per pound ;
ground in oil, or putty, 15 per cent ad valorem but not less than onefourth of 1 cent per pound.
66 . Zinc, oxide of, and white sulphid of, lithopone, and pigments
containing zinc, but not containing lead, ground dry, 15 per cent ad
valorem but not less than six-tenths of 1 cent per pound ; when ground
in or mixed with oil or water, 20 per cent ad valorem but not less
than 1 cent per pound.
67. Zinc, chloride of and sulphate of, one-half of 1 cent per pound.
68 . All paints, colors, pigments, stains, lakes, crayons, including
charcoal crayons or fusians. smalts and frostings, and all ceramic and
glass fluxes, glazes, enamels, and colors, whether crude, dry, mixed,
or ground with water or oil or with solutions other than oil, not spe
cially provided for in this act or in the first section of the act cited
for amendment, 20 per cent ad valorem ; all paints, colors, and pig
ments commonly known as artists’ paints or colors, whether in tubes,
pans, cakes, or other forms, 25 per cent ad valorem.
69. P ota sh : Bicarbonate of, and carbonate of, refined, one-half of
1 cent per pound ; hydrate of, six-tenths of 1 cent per pound ; hydrate
of in sticks or rolls, 1 cent per pound: chlorate of, chromate and
bichromate of, 1 cent per pound; cyanide of, 1 J cents per pound;
nitrate of, or saltpeter, crude, $3 per t o n ; refined, $7 per ton ; per
manganate of, 15 cents per pound ; prussiate of, red, 2 cents per pound ;
yellow, 11 cents per pound.
, .
. ,
70. Soaps : Toilet soaps, 40 per cent ad valorem, but not less than
20 cents per pound ; medicinal soaps, 30 per cent ad valorem, but not
less than 8 cents per pound; castile soap and all other soaps not
specially provided for in this act or in the first section of the act
cited for amendment, 15 per cent ad valorem, but not less than 1 cent
npw.ij’ S n i p e r ; lavender, and aspic or spike lavender; lem on; lim es;
a u t h o r 1 orange flower; orange; origanum, red or w hite; rosemary or
'
and •in V a44ar of roses ; thyme ; and valerian ; all the foregoing oils,
romhin
oils and essences, and essential and distilled oils and all
the
urions of the same, not specially provided for in this act or in
ih-0r; ; , ection of the act cited for amendment, 20 per cent ad valorem :
Uinlm. t! , That no article containing alcohol shall be classified for duty
^ 71. S o d a : Arseniate of, chlorate of, and nitrite of, one-lialf of 1
50 '" i s paragraph.
cent per pou nd; bicarbonate of, or supercarbonate of, or saleratus,
in-~(j J^pium, crude or unmanufactured, and not adulterated, contain- and other alkalies containing 50 per cent or more of bicarbonate of
e°njn P.by cent and over of morphia, $3 per pound; opium of the same sod a ; hydrate of, or caustic; phosphate o f ; hyposulphite o f ; sulphid
°r o.h
■ ’ dried to contain 15 per cent or less of moisture, powdered, of, and sulphite of, one-fourth of 1 cent per pound : cyanide of, 1 J
tltredL «aVlse udvanced beyond the condition of crude or urnnanufac- cents per pound ; chromate and bichromate of, and yellow prussiate of,
l° j(j ’ |4 per pound ; morphia or morphine, sulphate of, and all alka- three-fourths of 1 cent per pound; borate of, or borax refined ; crystal
eegonin °P 'um» und salts and esters thereof, $3 per ounce; cocaine, carbonate of monohydrate, and sesquicarbonate o f ; sal soda, and soda
Uqueoii ,6’ and a11 salts and derivatives of the same, $2 per ounce; crystals • silicates o f ; and soda ash, one-eighth of 1 cent per pound ;
laudin
ext1
-act of opium, for medicinal uses, and tincture of, as and sulphate of soda crystallized, or Glauber salts, $1 per ton.
Vided f tn’ aQd other liquid preparations of opium, not specially pro70 Sponges, 15 per cent ad valorem ; manufactures of sponges, or of
hb'nt rn in
act or in the first section of the act cited for amend- which sponge’ is the component material of chief value, not specially
°f m
’niA.1 per cent ad valorem ; opium containing less than 9 per cent provided for in this act or in the first section o f the act cited for
|lgjj’ -*■ ----------- * *
■----- *— deposited In
bonded n,.!a’
,,or P °und ; but preparations—of opium deposi
amendment, 20 per cent ad valorem.
duties ' ' “ ‘'ohouses shall not be removed therefrom without payment of
payir
73. Sumac, ground, one-fiftli of 1 cent per pound.
herein pnnl *uch duties shall not be refunded : Provided. That notning
74. Talcum, steatite, and French chalk, powdered, washed, or pul
jbipair o~nt£ lned shall be so construed as to repeal or in any manner verized, 15 per cent ad valorem.
*hiportaH aftect the provisions of an act entitled “ An act to prohibit the
75. Tin, chlorid of, tetrachlorid of, crystals and all other com
Provo,i T i and use of opium for other than medicinal purposes,” ap- pounds of tin, not specially provided for tn this act or in the first
’
53 d February 9, 1909.
section of the act cited for amendment, 15 per cent ad valorem.
Pei’fumerv ^umery, including cologne and other toilet waters, articles of
76 Vanillin, 10 cents per ounce ; vanilla beans, 50 cents per pound ;
as apn iip' Whether in sachets or otherwise, and all preparations used tonka beans, 25 cents per pound.
dentifricpat <
ns to the hair, mouth, teeth, or skin, such as cosmetics,
FREE LIST.
Paints
i lncluding tooth soaps, pastes, including theatrical grease
fore<mino-• -Pastes’ I)omades, powders, and other toilet articles, all the
That on and after the day following the passage of this act, the
ad valoiv»n .c o n t a in in g alcohol, GO cents per pound and 50 per cent articles enumerate, described, and provided for in the following para
or flower
* not containing alcohol, 60 per cent ad valorem ; floral
waters containing no alcohol, not specially provided for in graphs shall, when imported from any foreign country into the United
X L V III
539
CONGRESSIONAL RECORD— SENATE
8576
J uly 2
Mr. SMOOT. Mr. President, would it not be better to con
States or into any of its possessions (except the Philippine Islands
and the Islands of Guam and Tutuila), be exempt from d uty:
tinue and finish the reading of the bill and then take a recess?
77. A cid s: Acetic and pyroligneous, arsenic or arsenious, carbolic,
Mr. LODGE. Let us finish the reading of the bill.
chromic, iluoric, hydrochloric or muriatic, nitric, prussic, silicic, sul
Mr. SMOOT. I suggest to the Senator from North Carolina
phuric acid and oil of vitriol, and valerianic.
78. Albumen, not specally provided for in this act or in the iirst that the reading of the bill be concluded.
section of the act cited for amendment.
Mr. SIMMONS. I inquire on what page the Secretary [s
79. Ammonia, sulphate of.
80. Antitoxins, vaccine virus, and all other serhms derived from ani now reading?
mals and used for therapeutic purposes.
The PRESIDENT pro tempore. There are about 15 pages
81. Blue vitriol, or sulphate of copper; acetate and subacetate of
more to be read, as the Chair is informed.
copper, or verdigris.
Mr. SIMMONS. Very well, I will withhold the motion.
81!. Borax, crude and unmanufactured, and borate of lime, soda, and
other borate material, crude and unmanufactured, not otherwise pro
The reading of the bill was resumed and concluded.
vided for in this act or in the iirst section of the act cited for amend
ment.
KECESS.
83. Calcium, acetate of, brown and gray, chloride of, crude, and
nitrate of, crude.
Mr. SIMMONS. I move that the Senate take a recess until
• 84. Chalk, natural, not ground, bolted, precipitated, or otherwise
half past 8 o’clock to-night.
manufactured.
The motion was agreed to, and thereupon (at 3 o’clock and
85. Charcoal, blood char, bone char, or bone black, not suitable for
use as a pigment.
25 minutes p. m.) the Senate took a recess until 8.30 p. m.
8G. Coal tar, crude, pitch of coal tar, and products of coal tar
known as naphthalin, phenol and crcsol; all the foregoing riot medicinal
and not colors or dyes.
87. Copperas, or sulphate of iron.
EVENING SESSION.
88. Drugs, such as barks, beans, berries, buds, bulbs, bulbous roots,
excrescences, fruits, flowers, dried fibers, dried insects grains, gums,
At S.30 p. m., on the expiration of the recess, the Senate
herbs, leaves, lichens, mosses, nuts, nutgalls, logs, roots stems, vege
tables, seeds (aromatic, not garden seeds), seeds of morbid growth, reassembled.
weeds, and woods used expressly for dyeing or tanning: any of the
THE CHEMICAL SCHEDULE.
foregoing which are natural and uncompounded drugs and not edible
and not specially provided for in this act or in the first section of the
The PRESIDENT pro tempore. The business before the Sen
act cited for amendment, and are in a crude state, not advanced iu
value or condition by peeling, shredding, grinding, chipping crushing, ate is the further consideration of House bill 201S2.
or any other process or treatment whatever beyond that essential to
The Senate, as in Committee of the Whole, resumed the con
the proper packing of the drugs and the prevention of decav or deterior
sideration of the bill (H. It. 20182) to amend an act entitled
ation pending manufacture: Provided, That no article containing alcoho
“An act to provide revenue, equalize duties, and encourage the
shall be admitted free of duty under this paragraph.
89. Magnesite, crude, not purified.
industries of the United States, and for other purposes,” ap
90. O ils: Cottonseed o i l; spermaceti, whale, and other fish oils of
American fisheries, and all fish and other products of such fisheries • proved August 5, 1909.
Mr SIMMONS. Mr. President, I desire to offer an amend
petroleum, crude or refined, including kerosene, benzine naphtha gaso
line, and similar oils produced from petroleum.
ment to the bill on behalf of the minority members of the Com
91. Paris green and London purple.
mittee on Finance. On page 3 I move to strike out lines 3 and
92. Phosphorus.
93. Potash, * crude, or “ black salts ” ; carbonate of potash crude • 4, which read as follows:
sulphate of potash, crude or refined ; and muriate of potash
’
Alizarin, natural or artificial, and dyes derived from alizarin or from
94. Santonin, and all salts thereof.
95. Sheep dip containing five one-hundredths of 1 per cent of arsenic anthracene, 10 per cent ad valorem.
or more, not specially provided for in this act or in the first section of
The PRESIDENT pro tempore. The Secretary will report
the act cited for amendment.
the amendment proposed by the Senator from North Carolina.
9C Soda, sulphate of, crude, or salt cake and niter cake
>.
97. Strychnia or strychnine, and all salts thereof.
The Secretary. On page 3 stiike out lines 3 and 4, which
98. Sulphur in any form, brimstone, and sulphur ore as pyrites or
sulphuret of iron in its natural state, containing in excess of ‘R i’ ner read as follows:
cent of sulphur.
“ 1
Alizarin, natural or artificial, and dyes derived from alizarin or from
99. Talcum, steatite, and French chalk, crude and unground
anthracene, 10 per cent ad valorem.
S ec . 2. That section 25 of the act entitled “ An act to provide reve
nue, equalize duties, and encourage the industries of the United States
The PRESIDENT pro tempore. The question is on the adop
and for other purposes” approved August 5, 1909, be, and the same is
tion of the amendment offered by the Senator from North
hereby, amended to read as follows :
“ S ec . 25. That where imported materials on which duties have been Carolina.
_ _ _
,
paid are used in the manufacture of articles manufactured or produced
Mr SIMMONS. On that I ask for the yeas and nays.
in the United States there shall be allowed on the exportation of such
The yeas and nays were ordered, and the Secretary proceeded
articles a drawback equal in amount to the duties paid on the materials
used, less 1 per cent of such duties : Provided, That when the articles to call the roll.
, ,
exported are mack' in part from domestic materials the imported mate
Mr. CLARK of Wyoming (when his name was called), j
rials, or the parts of the articles made from such mat
n
nnnnnr
in
th n
p n n m ln tn r l
riS
ouun
s
,
, _
b v u iniciicuo uijcu in i-iiti munuiacti
duction o f articles entitled to drawback of customs duties w h en 'ex
ported shall, in all cases where drawback o f duties paid on such mate
rials is claimed be identified the quantity o f such mateiials used and
the amount oi duties paid thereon shall be ascertained the facts of
the manufacture or production of such articles in the United States and
ducer. exporter or agent shall in writing order "such drawback ’ paid
un..Sms*ic 1 iemulations as the Secretary o f the Treasury shall prescribe.
+
! iat 011
exportation o f flavoring extracts and of medicinal or
Preparations (including perfumery) hereafter manufactured or
in the United States in part from domestic alcohol on which
j* ‘ 1
v„e“ 1 ?, V1?
1
lieon paid there shall be allowed a drawit0m w tax f<
?!1Iu} to Lave been paid on the alco,, i f 0 used. P rovid ed , That no other than domestic tax-paid alcohol
,
rofi r,L a'
i
asCi^
t ^e manufacture or production of such prepa
rations. kuch drawbacks shall be determined and paid under such rules
and regulations and_ upon the filing of such notices, bonds, bills of
lading, and other evidence o f payment of tax and exportation as the Sec
retary of the Treasury shall prescribe.
“ That the provisions of this section shall apply to materials used in
the construction and equipment o f vessels built for foreign account and
ownership, or for the Government o f any foreign countrv notwithstand
ing that such vessels may not within the strict meaning of the term
be articles exported.”
Sec . 3. That on and after the day following the passage of this act
all goods, wares, and merchandise previpusly imported and hereinbefore
enumerated, described, and provided for, for which no entry has been
made, and all such goods, wares, and merchandise previously entered
without payment of duty and under bond for warehousing, transporta
tion, or any other purpose, for which no permit o f delivery to the im
porter or his agent has been issued, shall be subject to no other duty
upon the entry or withdrawal thereof than the duty which would be
imposed if such goods, wares, or merchandise were imported on or after
that date.
S ec. 4. That all acts and parts o f acts in conflict with the provisions
o f this act be, and the same are hereby, repealed.
During the reading of the bill,
Mr. SIMMONS. I move that the Senate take a recess until
this evening at half past S o’clock.
have a general pair with the senior Senator from Missouri [Mr,
Stone]. That Senator is necessarily absent, and I withhold
my vote.
Mr. FLETCHER (when his name was called). I am paired
with the senior Senator from Ohio [Mr. B u r t o n ]. If he were
present I should vote “ yea.” In his absence I withhold my
vote.
Mr. THORNTON (when Mr. F o st e r ’ s name was called), i
announce the unavoidable absence of my colleague [Mr. F o st e r ]
on account of illness, and also that he has a general pair with
the Senator from Wyoming [Mr. W a r r e n ] . I will let this an
nouncement stand for all subsequent roll calls during the
evening.
Mr. GALLINGER (when his name was called). I am paired
with the senior Senator from Virginia [Mr. M a r t i n ], If p
were privileged to vote I would vote “ yea.”
Mr. IIEYBURN (when his name was called). I am paired
with the senior Senator from Alabama [Mr. B a n k h e a d ], He
being absent, I withhold my vote.
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ], In his
absence I withhold my vote. If I were at liberty to vote I
should vote “ yea.”
Mr. PENROSE (when his name was called). I have a general
p a ir with the Junior Senator from Mississippi [Mr. W i l l i a m s ],
and therefore I withhold my vote on this and all other questions
on the bill this evening.
Mr. LODGE (when Mr. R oot ’ s name was called). I desire
to announce the pair of the senior Senator from New York
[Mr. R oot ] with the Senator from Maine [Mr. J o h n s o n ]. I
will let the announcement stand for the evening.
Mr. TOWNSEND (when the name of Mr. S m i t h of Michigan
was called). The senior Senator from Michigan [Mr. S m i t h ]
is unavoidably absent from the city.
1912.
CONGRESSIONAL RECORD— HOUSE.
Mr. SUTHERLAND (when his name was called).
I have a
pair with the senior Senator from Maryland [Mr. R a y n e r ]. I
transfer that pair to the Senator from Wisconsin [Mr. S t e p h e n
and vote. I vote “ yea.”
The roll call was concluded.
Mr. BURNHAM. I have a general pair with the junior
Senator from Maryland [Mr. S m i t h ]. In his absence I with
hold my vote. I f he were present, I should vote “ yea.”
Mr. CRAWFORD (after having voted in the affirmative).
I have a general pair with the junior Senator from Arkansas
[Mr. D a v is ], who is absent. Not knowing how he would vote,
I will withdraw my vote. If I were at liberty to vote I should
vote “ yea.”
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [Mr. O ’G o r m a n ]. I inquire if that
Senator has voted?
The PRESIDENT pro tempore. The Chair is informed that
lie has not.
. Mr. BRANDEGEE. Then I withhold my vote. If I Were at
liberty to vote, I should vote “ yea.”
\
Mr. BRIGGS (after having voted in the affirmative). $ un
derstand that the senior Senator from West Virginia IMr.
W a t so n ] has not voted. I therefore withdraw my vote. I lidvg
a general pair with that Senator.
Mr. CURTIS. I desire to announce that I am paired with
tile Senator from Nevada [Mr. N e w l a n d s ]. Were I at liberty
to vote, I should vote “ yea.”
Mr. DILLINGHAM. I have a general pair with the senior
Senator from South Carolina [Mr. T i l l m a n ], who is detained
from the Chamber on account of illness. I therefore withhold
Qiy vote on this question and all others this evening.
Mr. CRANE (after having voted in the affirmative). In the
absence o f the junior Senator from Maine [Mr. G ardner ], with
whom I am paired, I withdraw my vote.
Mr. McCUMBER. I have a general pair with the senior Sena
tor from Mississippi [Mr. P ercy ], I will transfer that pair to
the junior Senator from New Mexico [Mr. F a l l ], understanding
that he has not voted, and vote “ yea.”
Mr. JOHNSTON of Alabama. I desire to announce the pairs
of several Senators who are absent.
The Senator from Texas [Mr. B a il e y ] is paired with the
Senator from Montana [Mr. D ix o n ].
The Senator from Texas [Mr. C ulberson ] is paired with the
Senator from Delaware [Mr. du P o n t ].
The Senator from Indiana [Mr. K ern ] is paired w ith the
Senator from Tennessee [Mr. S a n d ers ].
^ The Senator from Nevada [Mr. N e w l a n d s ] is paired with the
Senator from Kansas [Mr. C u r t is ].
The Senator from Montana [Mr. M y e r s ] is paired with the
Senator from Connecticut [Mr. M cL e a n ].
The Senator from Oklahoma [Mr. O w e n ] is paired with the
Senator from South Dakota [Mr. G a m b l e ],
( The Senator from Ohio [Mr. P om eren e ] is paired with the
Senator from Michigan [Mr. T o w n s e n d ],
The Senator from Missouri [Mr. R eed ] is paired with the
Senator from Michigan [Mr. S m i t h ].
The Senator from Maryland [Mr. S m i t h ] is paired with the
Senator from New Hampshire [Mr. B u r n h a m ].
The Senator from South Carolina [Mr. S m i t h ] is paired w ith
fhe Senator from Delaware [Mr. R ich a r d so n ],
The Senator from Missouri [Mr. S ton e ] is paired with the
Senator from Wyoming [Mr. C l a r k ].
The Senator from Virginia [Mr. S w a n s o n ] is paired with the
Senator from Nebraska [Mr. B r o w n ],
The Secretary recapitulated the vote.
Hr. CLARK of Wyoming. I desire to announce the pair of
colleague [Mr. W a rren ] with the Senator from Louisiana
[Mr. F oster ]. My colleague is absent from the Chamber on
Public business.
. Mr. SANDERS (after having voted in the affirmative). Owuig to a pair with the junior Senator from Indiana [Mr. K ern ],
* withdraw my vote.
Mr. TOWNSEND (after having voted in the affirmative). I
have just been informed that I was paired with the junior Sena
tor from Ohio [Mr. P om erene ]. I was not aware of that fact,
uut I am willing to abide the judgment of the Senator from
Alabama as to that. There was some talk about my being
Paired until the 1st of July, so I withdraw my vote.
The PRESIDENT pro tempore. The Chair will state that
tess than a quorum of Senators has voted upon this amendment,
but in order to give an opportunity to secure a quorum, if it is
so desired, the Chair will not announce the result.
Mr. GALLINGER. I suggest that the vote ought to be anhouuced and then the names of absentees called.
son
]
8577
The result was announced—yeas 35, nays 0, as follmtes:
Y E A S — 35.
Ashurst
Bacon
Borah
Bradley
Bryan
Catron
Chamberlain
Chilton
Clapp
Clarke, Ark.
Cullom
Cummins
Gronna
Guggenheim
Johnston, Ala.
Jones
Kenyon
La Follette
Bailey
Bankhead
Bourne
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Clark, Wyo.
Crane
Crawford
Culberson
Curtis
Davis
Dillingham
Dixon
du Pont
Fall
Fletcher
Foster
Galiinger
Gamble
Gardner
Gore
Hey burn
Hitchcock
Johnson, Me.
Kern
Lea
Lodge
Lo rimer
McCumber
Nelson
Oliver
Overman
Page
Paynter
Perkins
Toindexter
Simmons
Smith, Ariz.
Smoot
Sutherland
Thornton
Wetmore
Works
NOT VO TIN G — 59.
Lippi tt
McLean
Martin, Va.
Martine, N. J.
Myers
Newlands
O’Gorman
Owen
Penrose
Percy
Pomerene
Rayner
Reed
Richardson
Root
Sanders
Shively
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Swanson
Tillman
Townsend
Warren
W atson
W illiam s
Mr. LODGE. I make the point of no quorum, Mr. Presidgrff.
- . The PRESIDENT pro tempore. The Senator from .TIASsachngetts makes the point that there is no quorum present. . The
Secretary will call the roll of the Senate. .
Mr. McCUMBER. Before that is done, 7 am satisfied from
the vote that my pair would vote in the same way as I would
vote. Therefore I will let my vote stand without the announce
ment of the pair. I transferred it to the junior Senator from
New Mexico [Mr. F a l l ], who has since returned to the Cham
ber, and that will give him an opportunity to vote.
The Secretary called the roll, and the following Senators
answered to their names :
Ashurst
Bacon
Borah
Bradley
Brandegee
Briggs
Bryan
Burnham
Catron
Chamberlain
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Cullom
Cummins
Curtis
Dillingham
Fall
Fletcher
Galiinger
Gronna
Guggenheim
Heyburn
Johnston, Ala.
.Tones
Kenyon
La Follette
Lippitt
Lodge
Lorimer
McCumber
Nelson
Oliver
Overman
Page
Paynter
Penrose
Perkins
Poindexter
Sanders
Simmons
Smith, Ariz.
Smith, Ga.
Smoot
Sutherland
Thornton
Townsend
Wetmore
Works
The PRESIDENT pro tempore. Fifty-two Senators have
answered to their names. A quorum of the Senate is present.
Mr. SIMMONS. Mr. President, while the roll call has dis
closed a quorum, it is apparent that on a vote there is no
quorum present. I move that the Senate do now adjourn.
The motion was agreed to; and (at 8 o’clock and 50 minutes
p. m.) the Senate adjourned until to-morrow, Wednesday, July
3 , 1912, at 12 o’clock m.
H O U SE
OF
K E P R E S E N T A T IV E S .
T u e sd ay , July 2, 1912.
The House met at 12 o’clock noon, and was called to order by
the Clerk of the House, Hon. South Trimble.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Holy, holy, Lord God Almighty, Maker of heaven and earth,
let Thy blessing descend in all fullness upon us that our
thoughts may harmonize with Thy thoughts, that our judg
ments may be in consonance with Thy judgment, and our acts
conform to Thy will, that we may be the instruments in Thy
hands for the furtherance of the plans which Thou hast or
dained. In the spirit of the Lord Jesus Christ. Amen.
The Clerk read the following communication :
J uly 2, 1912.
lio n . S o u t h T r im b l e ,
Cleric House of R epresentatives:
I hereby appoint and designate lion. T. W . S i m s , of Tennessee, to
act as Speaker and preside over the House to-day.
Ch am p Clark, S p e a k e r .
Mr. SIMS took the chair as Speaker pro tempore amid ap
plause.
The Journal of the proceedings of yesterdajr was read and
approved.
EXTENSION of r e m a r k s .
Mr. CAMPBELL. Mr. Speaker, I ask unanimous consent to
make some corrections and extensions in remarks I made on
the 24th, for the permanent R ecord.
CONGRESSIONAL RECORD— HOUSE.
8 57 8
The SPEAKER pro tempore.
tions will be made.
There was no objection.
Without objection, tlie correc
A R M Y A P P R O P R IA T IO N B I L L .
Mr. HAY. Mr. Speaker, I ask unanimous consent to take up
for present consideration the Army appropriation bill and con
sider it in the House as in Committee o f the Whole House on
the state of the Union; that general debate upon the bill be
confined to two hours, one hour of which to be controlled by
the gentleman from Illinois [Mr. P r i n c e ] and the other hour
by myself, and at the end of that time the previous question
. shall be considered as ordered and final vote be taken upon the
bill.
The SPEAKER pro tempore. The gentleman from Virginia
asks unanimous consent that the military appropriation bill be
taken up and considered in the House as in the Committee of
the Whole House on the state of the Union and that two hours
of general debate be had, one half to be controlled by the gen
tleman from Illinois [Mr. P r i n c e ] and the other half by the
gentleman from Virginia [Mr. H a y ] , and at the end of the two
hours the previous question shall be considered as ordered and
the bill voted on as a whole. Is there objection to the request
of the gentleman from Virginia? [After a pause.] The Chair
hears none.
Mr. HAY. Mr. Speaker, I ask unanimous consent that the
Clerk report the bill by title.
The Clerk read as follows:
A bill (H. R. 25531) making appropriation for tlio support of the
Army for the fiscal year ending June 30, 1013, and for other purposes.
Mr. HAY. Mr. Speaker, I ask unanimous consent to dispense
with the first reading of the bill.
The SPEAKER pro tempore. Is there objection?
Mr. MANN. Mr. Speaker, reserving the right to object, I
suppose the bill ought to be read at some time. I am not sure,
under the unanimous-consent agreement, it would be read.
Mr. UNDERWOOD. I will state to the gentleman from
Illinois, the bill has been read in the House several times; it is
exactly the bill which passed the House, the identical bill.’
Mr. MANN. That is the statement of the gentleman from
Alabama, which I have no doubt is accurate, but the only way
to test that is to have the bill read in the blouse. This is a
new bill.
Mr. GARNER. In order to obviate the difficulty if the gen
tleman from Illinois merely wants to print the bill, why not
have unanimous consent to print the bill at this point?
Mr. MANN. Oh, I think every bill ought to be read at some
time. I do not care which reading of the bill it is, but I take
it the second reading would be dispensed with under the order
probably.
Mr. HAY. Mr. Speaker, if the bill is to be read, it might as
well be read now as any other time.
The SPEAKER pro tempore. The gentleman withdraws the
request?
Mr. HAY. Yes.
The SPEAKER pro tempore. The Clerk will read the bill.
The Clerk read as follow s:
A bill (II. R. 25531) making appropriation for the support of the Army
makin
for the fiscal year ending June 30, 1913, and for other purposes.
lie it enacted, etc., that the following sums he, and they are hereby
appropriated, out of any money in the Treasury not otherwise appro
priated, tor the support of the Army for the year ending June 30, 1913.
Contingencies of the A rm y: For all contingent expenses of the Army
not otherwise provided for, and embracing all branches of the military
^rvice, including the office of the Chief of Staff, to he expended under
the immediate orders of the Secretary of War, $25,000.
OFFICE OF THE CHIEF OF STAFF.
Army War College: For expenses of the Army W ar College being
for flu; purchase of the necessary stationery, office toilet and desk
furniture textbooks books of reference, scientific and professional
papers and periodicals, printing and binding, maps, police utensils, emp oyment of temporary, technical, or special services] and for all other
absolutely necessary expenses, including $25 per month additional to
regular compensation to chief clerk of division for superintendence of
the War College Building, $9,000.
superintendence ot
Contingencies military information section, General Staff Corns • F o r
contingent expenses of the military information section General Staff
Corps, including the purchase of law books, professional books of ref
erence. professional and technical periodicals and newspapers and of
the military attaches at the United States embassies and legations
abroad; and of the branch office of the military information section
at Manila, to be expended under file direction of the Secretary of War
$10,000 : Provided, That section 3648, Revised Statutes, shall not apply
to subscriptions for foreign and professional newspapers and periodicals
to be paid for from this appropriation.
United States service schools : To provide means for the theoretical
and practical instruction at the Staff College (including the Army
School of the Line, Army Field Engineer School, and the Army Signal
School) at Fort Leavenworth. Ivans., the Mounted Service School at
Fort Riley, Ivans* and the School of Fire for Field Artillery at Fort
Sill, Okla., by the purchase of textbooks, hooks of reference, scientific
aiu? Professional papers, the purchase of modern instruments and ma
terial for theoretical and practical instruction, and for all other abso
lutely necessary expenses, to be allotted in such proportions as may,
r
J uly 2
in the opinion of the Secretary of Wax*, be for the best interests of the
military service, $30,000.
THE ADJUTANT GENERAL’ S DEPARTMENT.
Contingencies, headquarters of military departments : For contingent
expenses at the headquarters of the several military divisions and de
partments, including the Staff Corps serving thereat, being for the pllr]
chase of the necessary articles of office, toilet, and desk furniture, bind
ing, maps, technical books of reference, professional and technical news
papers and periodicals, and police utensils, to be allotted by the Secretary of War, and to be expended in the discretion of the several milltary division and department commanders, $7,500.
UNDER THE CHIEF OF COAST ARTILLERY*.
Coast Artillery School, Fort Monroe, Y a .: For incidental expenses of
the school, including chemicals, stationery, hardware; cost of special
instruction of officers detailed as instructors ; extra-duty pay to soldiers
necessarily employed for periods not less than 10 days as artificoi-s on
work in addition 'to and not sti-ictly in line with their military duties
such as carpenters, blacksmiths, draftsmen, printers, lithographers’
photographers, engine drivers, telegraph operators, teamsters, wheel
wrights masons, machinists, painters, overseers, laborers; office f ui>
niture and fixtures, machinery, and unforeseen expenses, $10,000.
For purchase of engines, generators, motors, machines, measuring in.
struments, special apparatus and materials for the division of the en
listed specialists, $7,000.
For purchase of special apparatus and materials and for experi
mental purposes for the department of artillery, $3,000.
For purchase of generating, measuring, and mine apparatus, and
materials for use in instruction of artillery troops in their special
duties in connection with the loading and planting of submarine mines,
" ’For purchase and binding of professional hooks of recent date treat
ing of military and scientific subjects for library and tor use ot school,
Provided, That section 3048. Revised Statutes, shall not apply to sub
scriptions for foreign and professional newspapers and periodicals to be
paid for from this appropriation.
OFFICE OF TIIE CHIEF SIGNAL OFFICER.
Signal Service of the A rm y : For expenses of the Signal Service of
the Army as follows : Purchase, equipment, and repair of field electric
toWraDlis. signal equipments and stores, binocular glasses, telescopes,
^exclusive of exchange service) and maintenance of the sam e; electrical
instillations and maintenance at military posts ; fire control and direc
tion apparatus and material for field artillery; maintenance and repair
of military telegraph lines and cables, including salaries of civilian em
ployees, supplies, and general repairs, and other expenses connected
with the duty of collecting and transmitting lnfoimation for the Army
bv telegraph or otherwise, $3 7 5 ,0 0 0 : Provided, however, lh a t not
more than $75,000 of said amount shall be used for the purchase, main
tenance operation, and repair of airplanes and other aerial machines.
wPshington-Alaska military cable and telegraph system : For de
fraying the cost of such extension and betterments of the WaslnngtonAlaska military cable and telegraph system as may be approved by the
Secretary of War, to be available until the close of the fiscal year
1914 from the receipts of the Washington-Alaska military cable and
telegraph'system 'that have been covered into the Treasury of the United
States, the3- extent of such extensions and the cost thereof to be re
ported to Congress by the Secretary of War, $o0,000.
Annunciator buzzer systems at target ranges: I«or the installation
of annunciator buzzer systems at such target ranges as the Secretary 0f
War may determine, $10,000.
PAT OF OFFICERS OF THE LINE.
For pay of officers of the line, $6,893,908.
For additional pay to officers for length of service, to he paid with
their current monthly pay, $1,524,120.
That no money appropriated
bv this act shall be paid to any officer for any period during which he
shall have been detached for any duty of any kind for more than foiuof the preceding six years from the organization in which he is com
missioned. unless such continuous detachment from such organization
for more than four years shall have been specifically authorized by law.
PAY OF ENLISTED MEN.
For pay of enlisted men of all grades, including recruits, $15,832,000*
Provided, That no part of the appropriation in this act for the pay 0f
officers and enlisted men shall be paid to any officer or enlisted man in
active service for any period of time lost by him on account of diseases
which are the result of his own intemperate use of drugs or alcoholic
liquors or other misconduct.
For additional pay for length of service, $1,535,000 : Provided, That
on and after the 1st day of July, 1912, there shall he 10 regiments of
Cavalry and no more, in the United States Army, and that the officers
who shall be rendered supernumerary by this reduction in the number
of Cavalry regiments shall be retained in service, and shall he assigned
to vacancies in their respective grades as such vacancies shall occur in
the Cavalry, or, in the discretion of the President, to such vacancies ia
their respective grades as shall occur in any other arm of the service •
Provided further, That all officers of Cavalry made surplus by such
reduction shall he transferred proportionately to the Infantry, Field
Artillery, Coast Artillery, Cavalry, according to their relative commis
sioned personnel strength : and that the officers so transferred shall take
rank in the branch to which transferred according to length of com
missioned service: And provided further, That no officer shall be re
duced in grade; and the Secretary of War is directed to carry out the
provisions of this act.
CORPS OF ENGINEERS.
For pay of enlisted men. $477,840.
Additional pay for length of service, $65,000.
ORDNANCE DEPARTMENT.
For pay of enlisted men. $221,436.
Additional pay for length of service, $105,500.
QUARTERMASTER’S DEPARTMENT.
For pay of 200 post quartermaster sergeants, at $45 per month each
$108,000.
’
Additional pay for length of service, $38,000.
SUBSISTENCE DEPARTMENT.
For pay of 207 post commissary sergeants, at $45 per month each
$111,780,
Additional pay for length of service, $45,000.
1012.
CONGRESSIONAL RECORD— SENATE.
8607
Mr. McCUMBER. Mr. President-----value of the services of the counsel rendered upon a quantum
Mr. CURTIS. If the Senator will yield, I made a point of meruit.
order against that amendment j-esterday.
Remember that the amount they contracted to pay in the first
Mr. McCUMBER. I was going to ask the Senator to with instance was 15 per cent. In the second instance, I think, it
hold his point of order, at least until we can perfect the was 10 per cent. Part of the services, and most of them,
amendment. Then I should like to discuss the {joint of order. perhaps, were performed under the original contract calling for
I think property, at least, we can perfect the amendment first.
a fee of 15 per cent.
Mr. CURTIS. I shall very gladly do that, Mr. President, if
Mr. BACON. Mr. President-----hy doing it I do not waive the right to make the point of
The PRESIDING OFFICER. Does the Senator from North
order. In my judgment, if a point of order is not made when Dakota yield to the Senator from Georgia?
nn amendment is first presented, and it is permitted to be
Mr. McCUMBER. Certainly.
amended and discussed, the ijoint is waived. I may be wrong
Mr. BACON. I f the Senator will permit me a moment, the
in that.
fact is that the original contract with the Indians was for 15
The PRESIDING OFFICER. The Chair would hold that the per cent. It was submitted to the Interior Department for
Point of order could be made at any stage o f the consideration approval, and the department, while approving the contract in
of the matter.
all other particulars, cut down the fee to 10 per cent.
Mr. CURTIS. I f the Chair will hold that, I have no. objec
Mr. McCUMBER. Yes; I knew that was substantially cor
tion. I want to make the point of order against the whole of rect. The second understanding was, at least, that it was to
the amendment, and I should like to state the grounds now.
be 10 per cent.
First, it is in violation of section 1 o f Rule XVI, in that it
When the matter was finally submitted to the Court of Claims
adds a new item of appropriation, whch is not intended to carry that court, as I remember, allowed $1,500,000 as the basis of
out the provisions of any existing law, or treaty stipulation, or the claim. Ten per cent upon that would be $150,000. So if
Rot, or resolution previously passed by the Senate during this even the whole $150,000 had been paid out of that sum to the
session.
attorneys it would not have been unjust to the Indians, con
Second, it is in violation of section 3 o f Rule XVI, in that it sidering the character of the litigation. But the court awarded
proposes general legislation in an appropriation bill.
as compensation to the attorneys, as I remember, $60,000, which
Mr. McCUMBER. Mr. President, I am somewhat acquainted was divided among most of the attorneys who had taken part
with this particular case and with the litigation that has grown in the trial of the action and in producing the evidence and
out of it. I do not intend to go into the details of the case, but I presenting the facts before Congress year after year.
6 o wish to present to the Senate enough of it to enable the Sen
Inasmuch as $00,000 was awarded, and that was the limit of
ate to clearly understand not only the merits o f the matter, but the amount allowed for the services of other attorneys, having
also the parliamentary question as to whether or not it is proper some knowledge on my own part of the services rendered by the
Upon an appropriation bill.
several attorneys, and by this particular attorney who insti
When the Colville Indian Reservation was opened it was tuted the action in the first instance and has been connected
opened pursuant to an agreement entered into between the with it all the time, he having received no sum whatever so far
United States and the Colville Indians. It was a treaty or for his services, it seems to me that upon a quantum meruit
agreement made between the United States and those Indians. basis he ought to be allowed a reasonable sum. Considering
Whatever right may exist for payment of funds that shall be the entire sum received by all, I think $45,000 is more than he
appropriated in this bill or otherwise must depend upon a should receive.
For that reason, Mr. President, I am going to move to strike
treaty stipulation and relate to that treaty stipulation.
We agreed to pay those Indians a certain sum for the cession out the words “ forty-five thousand ” and insert in lieu thereof
the words “ twenty-five thousand.” That leaves the matter still
of their rights to about one-half o f the reservation.
Congress neglected, year after year, to perform its duty. open as to another $14,000, which is still in litigation, and the
There is no question about that. It was necessary, in order litigation concerning which, as I am credibly informed, has cost
to bring the matter clearly before Congress and to get Congress this claimant nearly the full amount of about $14,000.
Mr. OVERMAN. Mr. President-----to take some action toward performing its part of the agree
The PRESIDING OFFICER. Does the Senator from North
ment, that the Indians should employ counsel. That counsel
Performed his duties. Without the aid of the counsel, in my Dakota yield to the Senator from North Carolina?
Mr. McCUMBER. Certainly.
opinion, upon both the facts and the law in the case, the matter
Mr. OVERMAN. My sympathies have always been with Mr.
hever would have been decided. So, whatever of counsel fees
shall be provided in this bill, I for one am in a position to Gordon, and I want to see him paid ; but why was it that he did
declare from my knowledge o f the case that the fees have not receive part of this $60,000?
Mr. McCUMBER. As I remember, $14,000 was awarded as
been honestly earned, and that without those services the Col
Sir. Gordon’s share. Other attorneys interested in the case,
l i e Indians would not have had the appropriation.
The counsel who first entered into the agreement with the directly and indirectly, as was brought out before the commit
Indians to demand from the United States the fulfillment of its tee, brought suits against him, and have tied up this money by
obligation made a contract with those Indians for the payment injunction or otherwise. The defense of these suits, as I
to him of 15 per cent upon the amount recovered. That was understand, including the costs in the original case, has cost
^°t an excessive charge. The claimant in this case, Mr. him just about the amount of money involved.
Mr. OVERMAN. There is $14,000, then, that is held up pend
Gordon, was one of the original attorneys, or, perhaps I might
^ay, the original attorney. This contract lapsed by reason of ing litigation, as I understand?
Mr. McCUMBER. Yes. But, as I say, the proposed payment
‘ he time specified in which the relief was to be obtained. After
wards another contract was made, which, as I remember, pro of $25,000 and this $14,000, most of which has been used up in
vided for a fee of 10 per cent, but in which contract Mr. Gordon litigation, I think would be a fair compensation f« r him, on
Retained an interest, and other attorneys were introduced into the basis of the allowances made by the Court oi Claims to
other attorneys for their services in the case.
‘ he case.
Just one word, Mr. President, on the point o f order.
Mr. CURTIS. May I interrupt the Senator there?
Mr. SMITH o f Georgia. Will the Senator yield to me for
The PRESIDING OFFICER. Does the Senator from North
a moment?
Dakota yield to the Senator from Kansas?
Mr. McCUMBER. I yield.
Mr. McCUMBER. Certainty.
Mr. SMITH of Georgia. Is not this realty the trouble about
Mr. CURTIS. I simply wished to say that, as I understand,
the $14,000: Mr. Gordon had the assistance of additional coun
that contract was not approved.
Mr. McCUMBER. This contract had expired, at all events, sel besides those paid by the action of the Court of Claims,
Whether it was approved or not. But notwithstanding the ex and they claim additional sums from him for their services
piration of the contract, the services o f the attorneys weie that are not provided for? They claim that this $14,000, or most
continued before the department and before the Committee^ on of it, should go to them, in addition to what went to the other
Indian Affairs, with the consent and at the request of the tribe. lawyers? That is about the status of the matter, as I under
J horeforo, tho services having been performed at the request of stand.
Mr. McCUMBER. I think that is not wholly correct, Mr.
the Indians and they having received the benefit of the serv
ices, they are in equity estopped from denying the right of the President. An action was brought, not by the principal attorney
counsel to a reasonable compensation, lh a t was the view in the case, but by some other attorneys, against Mr. Goi’don,
taken by the committee a few years ago. The matter was and this $14,000 has been tied up.
Mr. SMITH of Georgia. I do not think I made myself clear.
submitted to the Court of Claims as to the right of the Indians
to recover the amount to which they were entitled, and the My suggestion was this: Is it not true that lawyers not menX L V U I------541
8608
CONGRESSIONAL RECORD— SENATE.
tionod in the decision of the Court of Claims, and in addition
to them, claimed that they had also done some work for Mr.
Gordon in connection with the matter, and that out of his
$14,000 he must pay them, and that it will take a large part of
that sum to pay them?
Mr. McCUMBER. That is correct, Mr. President, as I un
derstand.
Now, a word on the other subject:
The United States agreed to pay the Colville Indians for
the cession of certain of their lands. The lands were ceded
to the United States in consideration of that agreement. That
agreement was, in effect, a treaty, and such a treaty as is re
ferred to in the rules. The payment that is authorized by this
bill is a payment of money that grew out of that treaty.
I do not understand that in appropriating to carry out the
provisions of a treaty which requires us to pay certain sums of
money we are going outside of the rule when we provide how
that money shall be distributed. That is the only difference be
tween a certain portion of this money being paid to counsel and
the principal being paid to the Indians themselves that is not
wholly in accord with the original agreement.
This question was brought up some years ago under a treaty
in which it was attempted, by an amendment which I offered,
to distribute in a certain manner the money which was to be
paid pursuant to a treaty. A point of order was raised, similar
to the point raised by the Senator from Kansas. The Chair
held—-Mr. Frye then being in the chair— that under the rule,
after making an appropriation, the Senate could provide for its
distribution in any manner it saw fit without such provision
constituting new legislation, and that the only question there
involved was whether the original appropriation of itself con
stituted new or independent legislation.
Mr. BACON. Mr. President, I want to say one word further
in regard to the point of order.
The same point of order was made by the Senator from
Kansas when this bill was before the Senate two years ago. It
was then sustained by the Chair, the Vice President being in
the chair at the time. I want to call attention to the ground
upon which the ruling was made, to show that it does not apply
to the present case.
The ruling made by the Vice President was that it was gen
eral legislation, because the amendment provided that the
amount should be immediately available. The contention on
the part of the friends of the amendment was that it was a
payment of a fee due out of a particular fund which belonged to
the parties from whom the fee was charged to be due, and that
it was therefore strictly germane.
The Vice President conceded that, but here is his ruling. I
will read first the remarks made by me and then the reply.
The Vice President said:
Now, Mr. President, that was tlie ground upon which ule
ruling was based, that when the amendment provided that the
fund should be immediately available it took it out of that ap
propriation bill and provided for general legislation, making it
a charge upon an altogether different appropriation bill.
Now, that is not in this amendment. Here is a particular
fund, the balance of $100,000 coming to these Indians. It is in
the nature, as I said upon that former occasion, of a lien upon
that particular fund. It does not come out of the Treasury 0f
the United States. It does not fall in any measure or in 'any
manner within the spirit or purpose of the rule, which is to pro.
tect the Treasury of the United States against a particular ap
propriation being ingrafted upon a general appropriation bill
thus tending in its effect to take out of the Treasury of the
United States money which has not been properly estimated f0r,
and so forth.
The PRESIDING OFFICER. The hour of 2 o’clock having
arrrived, it is the duty of the Chair to lay before the Senate
the unfinished business, which will be stated.
The Secretary . A bill (H. R. 20182) to amend an act en
titled “An act to provide revenue, equalize duties, and en
courage the industries of the United States, and for other pur
poses,” approved August 5, 1909.
Mr. BACON. I think, Mr. President, that that clearly differ
entiates it, and the statement of the Vice President-----Mr. SIMMONS. Mr. President, I am willing that the un
finished business shall be laid aside until the Senator finishes
his remarks, if he desires. Otherwise I should like to go on
with the unfinished business.
Mr. BACON. I have no desire to finish my remarks unless
the matter is going to be acted upon. If the appropriation bill
is going to be laid aside, I would prefer to wait until it is taken
up again.
Mr. CLAPP. I think the better plan would be now to take
up the tariff measure and vote on it and get it out of the way,
and then the Senator from Georgia will have such time as he
desires
Mr. BACON. Very w ell; I am willing that that course should
be pursued.
ADJOURNMENT TO FRIDAY.
Mr. NELSON. I move that when the Senate adjourns to-day
it adjourn to meet on the 5tli of July.
The PRESIDING OFFICER. The Senator from Minnesota
moves that when the Senate adjourns to-day it be to meet on
Friday, the 5th day of July.
The motion was agreed to.
THE CHEMICAL SCHEDULE.
The Senate, as in Committee of the Whole, resumed the con
sideration of the bill (II R. 20182) to amend an act entitled
“An act to provide revenue, equalize duties, and encourage the
industries of the United States, and for other purposes,” ap
proved August 5, 1909.
Mr. SIMMONS and Mr. SMOOT suggested the absence of a
quorum.
The PRESIDING OFFICER. The roll will be called.
The Secretary called the roll, and the following Senators
answered to their names:
The V ice P r e sid e n t . The point of order is sustained.
Mr. B ac on . I would beg permission of the Chair to make a sugges
tion in reference to a point of order previously ruled upon.
The V ice P r e sid e n t . The Chair will be very glad to hear the Sen-)
ator.
M r. B acon . If this were a simple claim against the Indians for that
much money, independent of this particular fund. I think the ruling
of the Chair would certainly be correct; but this in a claim upon this
particular fund and not a general claim against the Indians. This is
what would be recognized in a court as a lien on a fund. It relates to
the particular fund which is being appropriated.
I think there is a
distinction between that and an effort which might be made to collect
some other debt against the Indians and asking that it be paid out Ashurst
Bacon
of this fund.
Here is a fund which Congress is appropriating, and this is a part Bailey
Bourne
of the particular transaction which brings about this appropriation.
Bradley
Therefore I can not see how it can come under the terms of the rule.
Brandegee
The object of the rule, which says that general legislation shall not be
Briggs
permitted, is that independent matter shall not be engrafted upon an
appropriation bill. This Is not an independent m atter; it is a matter Bristow
which directly relates to and is connected with the provision making Brown
Bryan
the appropriation.
Burnham
Catron
To that the Vice President made this reply:
Chamberlain
The V ice P r e sid e n t . The point which the Chair made was that this Clapp
Is a bill providing appropriations for the Indian Department during a Clark, Wyo.
fiscal year. The amendment provides for another appropriation------Clarke, Ark.
Mr. D avis interjected:
J uly 3
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Fletcher
Ballinger
Gardner
Gronna
Guggenheim
Ileyburn
Johnson, Me.
.Johnston, Ala.
Jones
Kenyon
Lea
Lippitt
Lodge
Lorimer
McCumber
Martin, Va.
Martine, N. J.
Nelson
Newlands
Oliver
Overman
Page
Paynter
Perkins
Rayner
Reed
Root
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith. Md.
Smith, S. C.
Smoot
Thornton
Tillman
Townsend
Wetmore
Works
Mr. THORNTON. I wish to announce the unavoidable ab
sence of my colleague [Mr. FosTERl.j^v*6count of illness.
Mr. JONES. I wish to--*tfife"fhat my colleague [Air. P oin
For payment at a different time, which makes it a legislative pro dexter ] is detained from the Chamber by reason of public
vision in the opinion of the Chair.
business.
Mr. B acon . I presume it is because I am not entirely familiar with
Sixty-two Senators have an
this Indian legislation that I do not understand the exact statement the ^ The PRESIDING OFFICER.
Chair makes.
..1 swered to their names.
A quorum of the Senate is present.
The V ice P r e sid e n t . Here is a provision which, under certain ch'- The pending amendment will be stated.
cumstances, might be considered purely as a limitation upon the appro
The S ecretary . The pending amendment is the amendment
priation being provided for, but the amendment makes provision that
the appropriation shall he immediately available, which takes it out of offered by the Senator from North Carolina [Mr. S im m o n s ].
the fiscal year for which we are making the appropriation.
On page 3 it proposes to strike out lines 3 and 4, which read as
Mr. B a c on . I did not know of that, Mr. President, or I would have
suggested to the author of the amendment that that ought to have been follow s:
Distinct from this.
The Vice President continuing said:
stricken out. That puts an entirely new phase on it.
that that was in the mind of the Chair.
I did not know
Alizarin, natural or artificial, and dyes derived from alizarin or from
anthracene, 10 per cent ad valorem.
The PRESIDING OFFICER. The yeas and nays were
ordered and taken on the amendment, and no quorum appeared.
The roll will be again called on agreeing to the amendment.
The Secretary proceeded to call the roll.
Mr. BAILEY (when his name was called). I have a general
pair with the Senator from Montana [Mr. D ix o n ], and in his
absence I withhold my vote.
Mr. BRANDEGEE (when his name was called). I have a
general pair with the junior Senator from New York [Mr.
O’ G o r m a n ].
I do not see him on the floor, and therefore I
withhold my vote. I would vote “ y e a ” if I were at liberty to
vote.
Mr. BRIGGS (when his name was called). I have ajgeneral
Pair with the senior Senator from West Virginia [Mr. W a t s o n ] .
I see that he is not present, and therefore I withhold ir^- vote.
I should vote “ yea ” if I were at liberty to vote.
\
Mr. CLARK of Wyoming (when his name was callei
have a general pair with the senior Senator from Mis
[Mr. S t o n e ] . In the absence of that Senator I withhold
vote.
Mr. CRAWFORD (when his named was called). I have a
general pair with the junior Senator from Arkansas [Mr.
h>Avis], Not knowing how he would vote, I withhold my vote.
Mr. CULLOM (when his name was called). I have a general
p a i r with the junior Senator from West Virginia [Mr. C h i l t o n ]
I therefore withhold my vote.
Mr. DU PONT (-when his name was called). I have a general
pair with the senior Senator from Texas [Mr. C u l b e r s o n ] . A s
be is not in the Chamber, I withhold my vote.
Mr. FLETCHER (when his name was called). I am paired
Y'ith the senior Senator from Ohio [Mr. B u r t o n ] . I transfer
that pair to the Senator from Oklahoma [Mr. G o r e ] and vote.
I vote “ yea.”
Mr. THORNTON (when Mr. F o s t e r ’ s name was called). I
announce the unavoidable absence o f my colleague [Mr. F o s t e r ]
an account of illness, and furthermore that he is paired with
the senior Senator from Wyoming [Mr. W a r r e n ] . I make this
announcement for the day.
Mr. HEYBURN (when his name was called). I have a gen
eral pair with the senior Senate from Alabama [Mr. B a n k h e a d ] .
In his absence I withhold my vote.
Mr. RAYNER (when his name was called). I am paired
w i t h the junior Senator from Utah [Mr. S u t h e r l a n d ] .
I f he
tvere present I should vote “ yea.”
Mr. REED (when his name was called). On this vote I
nave a pair with the Senator from Michigan [Mr. S m i t h ] . - !
transfer that pair to the Senator from Nebraska [Mr. H i t c h
c o c k ] and vote.
I vote “ yea.”
/
Mr. TOWNSEND (when the name of Mr. S m i t h of Michigan
}vas called). The senior Senator from Michigan [Mr. S m i ® i ]
nnavoidably detained from the Senate. As stated b y jlh e
Senator from Missouri, he is paired with that Senator. I f the
senior Senator from Michigan were present, he would /vote
yea.”
Mr. SMITH of South Carolina (when his name was ca fe d ).
I have a general pair with the senior Senator from Delaware
1Mr. R i c h a r d s o n ] . In his absence I withhold my vote. ^Were
he present I would vote “ yea.”
;
Mr. SMOOT (when Mr. S u t h e r l a n d ’ s name was called)!; My
colleague [Mr. S u t h e r l a n d ] is unavoidably detained from the
Senate. He has a general pair with the senior Senator %om
Maryland [Mr. R a y n e r ] . I f my colleague were here, he would
v°te “ yea.”
>
The roll call was concluded.
Mr. BRIGGS. I have a general pair with the senior Sena! 01' from West Virginia [Mr. W a t s o n ] . I transfer that pair
to the junior Senator from Wisconsin [Mr. S t e p h e n s o n ] and
vote. I vote “ yea.”
. N
Mr. DILLINGHAM (after having voted in the affirmative).
I observe that the senior Senator from South Carolina [Mr.
I illman ] has not voted, and as I have a pair with him I witlidraw my vote.
Ml-. CRAWFORD. I desire to state that my colleague [Mr.
G a m b l e ] is unavoidably absent.
He has a general pair with
be Senator from Oklahoma [Mr. O w e n ] .
Mr. ASHURST. I wish to state that the Senator from Moncruia. [Mr. M y e r s ] is unavoidably detained, and be is paired
With the Senator from Connecticut [Mr. M c L e a n ] .
Mr. O LIV ER .. I desire to announce that my colleague [Mr.
P e n r o s e ] is temporarily detained from the session of the Sen- e. He is paired with the Senator from Mississippi [Mr.
M Tl l ia m s ]
I f my colleague were present, he would vote
yea.”
Mr. CULLOM. I think I will take the liberty of voting,
vote “ yea.”
Mr. RAYNER. I vote “ yea.”
The result was announced—yeas 58, nays 0,
Ashurst
Bacon
Borah
Bourne
Bradley
Briggs
Bristow
Brown
Bryan
Burnham
Catron
Chamberlain
Clapp
Clarke, Ark.
Crane
Y E A S — 58.
Cullom
Lippitt
Cummins
Lodge
Curtis
Lori'mer
Fall
Martin, Va.
Fletcher
Martine, N. J.
Gallinger
Nelson
Gardner
Oliver
Gronna
Overman
Guggenheim
Page
Johnson, Me.
Paynter
Johnston, Ala.
Perkins
.Tones
Poindexter
Kenyon
Pomerene
Kern
Rayner
Lea
Reed
Bailey
Bankhead
Brandegee
Burton
Chilton
A la rk , Wyo.
Osawford
Cum^rson
DavisSi.
NOT V O TIN G — 36.
Dillingham
McCumber
Dixon
McLean
du Pont
Myers
Foster
Newlands
Gamble
O'Gorman
Gore
Owen
Heyburn
Penrose
Hitchcock
Percy
La Follette
Richardson
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Sid.
Smoot
Swanson
Thornton
Tow-nsend
Wetmore
Works
\
Smith, Slich.
Smith, S. C.
Stephenson
Stone
Sutherland
Tillman
Warren
W atson
W illiam s
So MrNghMMONs’s amendment was agreed to.
Mr. SIMMONS. I offer the following amendment: On page
10 , lines 9 ancT^Q, I move to strike out the words “ gum copal,
one-half of 1 per bmhjger pound.”
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from North Carolina.
The amendment was agx-eed to.
. Mr. SIMMONS. On page 10, line 13, I move to strike out the
words “ gum kauri and damar.”
The amendment was agreed to.
Mr. SIMMONS. On page 10, line 10, I move to strike out the
word “ indigo.”
The amendment was agreed to.
Mr. SIMMONS. On page 12, line 25, I move to strike out the
words “ and soya-bean oil.”
The amendment was agreed to.
Mr. SIMMONS. On page 13, line 9, I move to strike out the
words “ Chinese-nut oil.” ________ - .....
The amendmpo^'Whs*'agreed to.
Mr. S IM O N S . On page 17, line 21, I move to strike out the
woiaJ?£<
Tweiity-five ” and substitute in lieu thereof the word
teen.*’
The PRESIDING OFFICER. The amendment will be stated.
The S e c r e t a r y . On page 17, line 21, strike out the word
“ twenty-five” and in lieu insert “ fifteen,” so-that if amended
it will read:
Varnishes, including so-called gold size or japan, and enamel paints
made with varnish, 15 per cent ad valorem.
Mr. SMOOT. Mr. President, I hope the Senate will not agree
to that amendment. It proposes to reduce the rate on varnishes,
not only on plain varnishes but on gold size or japan varnishes
and enamel paints made with varnish. The rate in the bill as
passed by the House is 25 per cent, and now it is proposed that
it shall be reduced to 15 per cent. I hope the Senate will not
agree to the amendment.
The PRESIDING OFFICER. The question is on agreeing to
the amendment proposed by the Senator from North Carolina.
[Putting the question.] The noes appear to have it.
Mr. SIMMONS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary procpeded
t o call the roll.
'
. I again announce
my pair with the Senator from Montana [Mr. D ix o n ]. T o avoid
the trouble of repeating it I will ask that this announcement
may stand for the day. I also desire to couple with the an
nouncement the statement that if I were at liberty to vote I
would vote generally with my party associates.
Mr. BRIGGS (when his name was called). I have a general
pair with the senior Senator from West Virginia [Mr. W a t s o n ] .
I transfer that pair to the junior Senator from Wisconsin [Mr.
S t e p h e n s o n ] and vote. I vote “ nay.”
I make this announce
ment for the day of the transfer o f my pair.
Mr. CLARK of Wyoming (when his name was called). I
again announce my pair with the senior Senator from Missouri
[Mr. S t o n e ] . I will let this announcement stand for the day.
Mr. FLETCHER (when his name was called). I am paired
with the senior Senator from Ohio [Mr. B u r t o n ] . I transfer
that pair to the Senator from Oklahoma [Mr. G o r e ] and vote.
I vote “ yea.”
Mr. HEYBURN (when his name tvas called). I have a gen
eral pair with the senior Senator from Alabama [Mr. B a n k -
\
8610
CONGRESSIONAL RECORD— SENATE.
■ ead ]. In his absence I will withhold my vote. Were he pres
h
ent and were I permitted to vote I would vote “ nay.”
Mr. REED (when his name was called). I repeat the an
nouncement of my pair with the Senator from Michigan [Mr.
S m it h ] and the transfer of that pair to the Senator from Ne
braska [Mr. H itch co ck ]. I will let this announcement of the
transfer stand for the day. I vote “ yea.”
Mr. SMITH o f South Carolina (when his name was called).
I am paired with the junior Senator from Delaware [Mr.
R ich ardson ], and I therefore withhold my vote. If I were at
liberty to vote, I would vote “ yea.” I will let this announce
ment stand for the day.
The roll call was concluded.
Mr. CULLOM (after having voted in the affirmative). It
may be possible that the Senator with whom I am paired may
differ from me on this question, and I therefore withdraw my
vote.
Mr. DU PONT (after having voted in the negative). As I
observe that the senior Senator from Texas [Mr. C u l b e r s o n ] ,
with whom I have a general pair, is not present, I withdraw my
vote.
Mr. McCUMBER (after having voted in the negative). I
w i l l ask if the senior Senator from Mississippi [Mr. P e r c y ] has
voted ?
The PRESIDING OFFICER. The Chair is informed that
that Senator has not voted.
Mr. McCUMBER. I have a general pair with him, and I
will therefore withdraw my vote.
Mr. WILLIAMS (after having voted in the affirmative). I
wish to ask if the Senator from Pennsylvania [M r. P enrose ]
has voted upon this roll call?
The PRESIDING OFFICER. The Chair is informed that
that Senator has not voted.
Mr. WILLIAMS. Then I withdraw my vote, because I am
paired with the senior Senator from Pennsylvania.
Mr. RAYNER (after having voted in the affirmative). I
withdraw my vote. I am paired with the junior-Senator fromUtah [M r. Su th erlan d ]
The result was announced—-yeas 29, nays 29, as follows
? -
■
.k
J uly 3
from or containing castor oil in whatever form, 20 per centum
ad valorem,” to be followed by a comma.
The amendment was agreed to.
Mr. SIMMONS. On page 21, line 19, I move to amend by
inserting after the word “ gray ” the words “ carbide of.”
The amendment was agreed to.
Mr. SIMMONS. On page 21, after paragraph 78, I move to
amend by inserting a new paragraph, as follow s:
A liza rin and indigo, natu ra l
alizarin o r from anthracene.
o r artificia l,
and
dyes
derived
from
The amendment was agreed to.
Mr. SIMMONS. On page 22, line 2, I move to amend by in.
serting after the words “ known a s ” and before the word
“ naphthalin ” the words “ anthracene and anthracene oil,” to
be followed by a comma.
The amendment was agreed to.
Mr. SIMMONS. On page 22, after paragraph 88, I move to
amend by inserting as a new' paragraph the following:
Gums, copal, kauri, damar, and resin.
The amendment was agreed to.
Mr. SIMMONS. On page 22, line 25, after the word “ petro
leum,” I move to insert “ soya-bean oil and Chinese nut oil.”
The amendment was agreed to.
Mr. SIMMONS. Mr. President, I have no further amend
ments to offer.
The bill was reported to the Senate as amended and the
amendments were concurred in.
The amendments were ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time.
The PRESIDING OFFICER. The question is, Shall the bill
pass?
Mr. SIMMONS. On that question I ask for the yeas and
nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
k Mr. BRANDEGEE (when his name was called). I have a
general pair with the junior Senator from New York [Mr.
O’G orm an ]. Not seeing him on the floor, I withhold my v o te.
Y EAS— 29.
I will make no further announcement of the pair during the
Ashurst
Gardner
Overman
Smith, Ga.
Bacon
Johnson, Me.
Paynter
Smith, Md.
day. T desire to say that .if the Senator from New York were
Bristow
Johnston, Ala.
Poindexter
Swanson
present and I were at liberty to vote, I should vote “ nay.”
Bryan
Kern
Pomerene
Thornton
Mr. CLARK of Wyoming (when his name was called), j
Chamberlain
Lea
Reed
Tillman
Clarke, Ark.
Martin, Va.
Shively
have a general pair with the senior Senator from Missouri
Crawford
Martino, N. J.
Simmons
[Mr, S t o n e ] . In the absence o f that Senator, I v'itlihold my
Fletcher
Newlands
Smith, Ariz.
vfate. If allowed to vote. I should vote “ nay.”
NAYS—29.
Mr. CRAWFORD (when his name was called). I have a
Bourne
Cummins
Lippitt
Sanders
geieral pair with the junior Senator from Arkansas [Mr.
Bradley
Curtis
Lodge
Smoot
Brip.cs
Dillingham
D aVis ], If he were present and I were at liberty to vote, i
Lorimer
Townsend
Brown
Fall
Nelson
Wetmore
shoiild vote “ nay.”
Burnham
Gallingcr
Oliver
Works
Mr. I)U PONT (when his name was called). I have a gen
Catron
Gronna
Page
Clapp
Guggenheim
Perkins
eral pair with the senior Senator from Texas [Mr. Culberson].
Crane
Jones
Root
Hefis not in the Chamber, and I therefore withhold my vote]
NOT VOTING— oG.
Wele he present, I should vote “ nay.”
Bailey
Davis
La Follette
Mr. FLETCHER (when his name was called). I am paired
Richardson
Bankhead
Dixon
McCumber
Smith, Mich.
with the senior Senator from Ohio [Mr. B urton], but I trans
Borah
du Pont
McLean
Smith, S. C.
fer that pair to the Senator from Oklahoma [Mr. Gore] anq
Brandegee
Foster
Myers
Stephenson
Burton
Gamble
O’Gorman
Stone
voth I vote “ yea.”
Chilton
Gore
Owen
Sutherland
M CRAWFORD (when Mr. Gamble’s name was called).
?r.
Clark. Wyo.
Iley burn
Penrose
Warren
Myfcolleague [Mr. Gamble] is unavoidably absent. Pie has a
Culberson
Hitchcock
Percy
Watson
Cullom
Kenyon
ltayner
Williams
general pair with the Senator from Oklahoma [Mr. O wen], if
my colleague were present, he would vote “ nay.”
Sp Mr. S im m o n s ’ s amendment was rejected.
Mr, HEYBURN (when his name was called). I have a gen
Mi*s^lIMMONS. I move, on page 10, line 10, to strike out
the womS^^gum resin.”
eral pair with the senior Senator from Alabama [Mr. B a n k Tim PI 1t:S rrrrN G ^ .Q F T i:,I. r jjf
^
to h e a d ] . He is absent, and I therefore withhold my vote, i f pe
the Senator from North Carolina that the words “ 10 per were present and I were at liberty to vote, I should vote “ nay.”
centum ad valorem” should also be stricken out.
Mr. McCUMBER (when his name was called). I have a
Mr. SIMMONS. The Chair is right.
general pair with the senior Senator from Mississippi [Mr.
The PRESIDING OFFICER. The amendment will be stated. P ercy ], He being absent, I am compelled to withhold my vote!
The S ecretary . On page 10, line 10, it is proposed to strike Were I at liberty to vote, I should vote “ nay.”
out the words “ gum resin, 10 per centum ad valorem.”
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
The amendment was agreed to.
was called). The senior Senator from Michigan [Mr. S m it h ]
Mr. SIMMONS. On page 8, line 0, I move to amend by is unavoidably absent from the Senate. He is paired with the
striking out after the words “ or condition b y ” the word junior Senator from Missouri [Mr. R eed ]. If present, the
“ peeling.”
senior Senator from Michigan would vote “ nay.”
The amendment was agreed to.
- Mr. SMITH of South Carolina (when his name was called).
Mr. SIMMONS. On page 22, line 14, I move to amend, after I have already made a statement in reference to my pair, and
the words “ or condition by,” by striking out the word will let that stand for the remainder of the day.
“ peeling.”
Mr. CLARK of Wyoming (when Mr. W arren ’ s name was
The amendment was agreed to.
! called). My colleague [Mr. W arren ] is unavoidably absent
Mr. SIMMONS. On page 12, in line 19, after the word ! on business of the Senate. He is paired with the senior Senator
“ soaps,” I move to amend by striking out the words “ contain from Louisiana [Mr. F oster ], If present and at liberty to vote,
ing castor oil, any of the foregoing in whatever form,'” and by my colleague would vote “ nay.”
inserting in lieu thereof the words “ all of the foregoing made
The roll call was concluded.
1912
CONGRESSIONAL RECORD— SENATE.
Mr. DILLINGHAM (after Laying voted in tlie negative). I
observe that the senior Senator from South Carolina [Mr. T iix Mar] has not voted. As I have a general pair with him, I
withdraw my -vote.
Mr. RAYNER. I am paired with the Senator from Utah
[Mr. S u t h e r l a n d ] . I f he were present and I were at liberty
to vote, I should vote “ yea,”___ _,,____ _ ...
Mr. MARTOjJi h f WBwTtonsey. I Save beefe requested to an
nounce the pair existing between the Senator from West Virginia,, -[Mr. C h i l t o n ] and the Senator from Illinois [Mr.
C u Ll o m ] .
The result was announced—yeas 27, nays 32, as follows:
/
Ashurst
Bacon
Bryan
Chamberlain
Clarke, Ark.
1 leteher
’
Gardner
Borah
Bourne
Bradley
Briggs
Bristow
Brown
Burnham
Catron
Bailey
Bankhead
Brandegee
Burton
Chilton
Clark. W yo.
Crawford
Culberson
Cullom
T E A S — 27.
Johnson. Me.
Overman
Johnston, Ala.
Paynter
Kern
Poindexter
Pomerene
Lea
Reed
Martin,Va.
Shively
Martine, N. J.
Simmons
Newlands
N A Y S — 32.
Jones
Clapp
Kenyon
Crane
Lippitt
Cummins
Lodge
Curtis
Lorimer
Fall
Nelson
Gallinger
Gronna
Oliver
Guggenheim
Page
VOTING— 35.
NOT
Davis
La Follette
Dillingham
McCumber
Dixon
McLean
Myers
du Pont
O’Gorman
Foster
Owen
Gamble
Percy
Gore
Rayner
Heyburn
Richardson
Hitchcock
Smith, Ariz.
Smith, Ga.
Smith, Md.
Swanson
Thornton
W illiam s
Tenrose
Perkins
Root
Sanders
Smoot
Townsend
Wetmore
Works
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Tillman
Warren
Watson
So the Senate refused to pass the bill.
W
cotton
futu res.
Mr. -SM ITH Of South Carolina. Mr. President, during my
°B"rnrr Tm'viP* trrrn ritUad nvriiy rr ~**rP"';h
vr *f *’'T” '/' ago because of
illness in my family, the bill (S. 4654) to regulate contracts
for the future delivery of cotton, being Calendar No. 670, was
placed under Rule IX. I ask unanimous consent that it be
restored to the calendar under Rule VIII.
Mr. THORNTON. Mr. President, I shall object to that, ori
Account of the wishes of the Senator from Mississippi, who had
the bill placed on the calendar under Rule IX. I would rather
hot have it taken up in his absence.
Mr. SMITH of South Carolina. It is not a question of taking
hp the bill. I merely ask unanimous consent that it he re
stored to the calendar under Rule VIII.
Mr. THORNTON. I object to anything being done with it in
the absence of the Senator referred to.
Mr. SMITH of South Carolina. Then, Mr. President, I move
that the bill be restored to its place on the calendar under
Rule VIII. it is a bill introduced by me and favorably reported
hy the Committee on Agriculture and Forestry. During the
tune of my unavoidable absence the hill was taken from the
calendar under Rule V III and placed on the calendar under
Rule IX. I move that it be restored to its place under Rule
VIII.
The motion was agreed to.
INDIAN APPROPRIATION BILL.
Mr. CLAPP. I ask the Senate to resume the consideration
of House bill 20728, the Indian appropriation bill.
. Idle Senate, as in Committee of the Whole, resumed the cona e ra tio n of the bill (H. R. 20728) making appropriations for
ihe current and contingent expenses of the Bureau of Indian
Affairs, for fulfilling treaty stipulations with various Indian
Hibes, and for other purposes, for the fiscal year ending June
30, 1913.
The PRESIDING OFFICER. The pending amendment is, on
Pugo 68, line 18 to line 5, inclusive, on page 69. The Senator
.o m
Kansas [Mr. C u r t i s ] made the point o f order against the
Amendment.
Mr. CURTIS. I desire to know whether the Senator from
Georgia [Mr. B a c o n ] has completed his remarks on the point
°i order. I understood he had not done so.
The PRESIDING OFFICER. I f the Senator will permit the
ChAir, the Chair recalls the fact that the Senator from North
Dakota [M r. M c C u m b e r ] offered an amendment to the para8raPh. Does the Senator from Georgia desire to proceed now,
will he allow the amendment offered by the Senator from
1
Dakota to be acted on?
Mr. BACON. I am perfectly willing to have the amendment
acted upon first.
8611
Mr. LODGE. The point of order must be first considered.
The PRESIDING OFFICER. The point of order relates to
the paragraph. This is an amendment to the text o f the bill.
Mr. McCUMBER. It was agreed that that should be the
course.
The PRESIDING OFFICER. The Secretary will report the
amendment.
The Secretary. On page 68, line 25, it is proposed to strike
out the word “ forty-five,” before the word “ thousand,” and
in lieu thereof to insert the word “ twenty-five,” so that, if
amended, it will read:
That the Secretary of the Treasury is hereby authorized and directed
to pay, out of the sum of $1,500,000 set aside and held in the Treasury
of the United States for the use and benefit of the Colville Indians
under the provisions of an act approved June 21, 1906 (34 Stat. L „ p.
3 3 7 ), the sum of $25,000 to Hugh H . Gordon for his individual services
in behalf of said Indians, which sum o f $25,000 is hereby appropriated
, for said Gordon’s exclusive use and benefit out of any money in the
Treasury not otherwise appropriated, and the same shall be charged
against the funds set aside for the benefit of said Indians.
The amendment to the amendment was agreed to.
Mr. CURTIS. Mr. President, it seems to me the Senators
who have argued the point of order have overlooked two things.
In the first place, the amendment is not to a provision in the
bill. It is a separate and distinct item. The amendment against
which I made the point of order some two years ago was an
amendment to an item in the bill. But it seems to me that
whether that is true or not, the material point in this case is
the. fact that this amendment seeks to amend an act of Con
gress.
In 1906 this claim was before Congress. The Senate at that
time placed an item in the Indian appropriation b ill; and I
desire to call the Chair’s attention to that item, because this
amendment repeals that act of Congress and ssis aside the de
cision of the Court of Claims.
The item was as follows:
The act of June 21, 1906, supra, in addition to setting aside the
«> , (>00,000 for the use and benefit of the Colville Indians, contained
I
the further provision that “ jurisdiction is hereby conferred upon the
Court of Claims to hear, determine, and render final judgment in the
name of Butler & Vale (Marion Butler and Josiah M. V ale), attor
neys and counselors at law, of the city of Washington, D. C.. for the
amount of compensation which shall he paid to the attorneys who have
performed services as counsel on behalf of said Indians in the prosecu
tion of the claim of said Indians for payment for said land, and in
determining the amount of compensation for such services the court
may consider all contracts or agreements heretofore entered into by
said Indians, with attorneys who have represented them in the prose
cution, of said claim, and also all services rendered by said attorneys
for said Indians in the matter of said claim
* * * ; and the Sec
retary of the Treasury is hereby authorized $nd directed to pay the
sum of money so awarded by said court to the said attorneys (Butler
& Vale) upon the rendition of final judgment, out of the' said sum
herein set apart or appropriated for the benefit of said Indians, and
payment of said judgment shall he in full compensation to all attor
neys who have rendered services to said Indians in the matter of their
said claim, the same to he apportioned among said attorneys by said
Butler & Vale as agreed among them selves: Provided, That before
any money is paid to any attorney having an agreement with Butler
& Vale as to the distribution of said fees, eacli of the same shall
execute and deliver to the Secretary of the Interior a satisfaction and
discharge of ail claims and demands for services rendered said Indians
in the matter of their said claim.”
In accordance with this provision of law a petition was filed in the
Court of Claims, the case being docketed as No. 29526, Butler & Vale
(Marion Butler and Josiah M. Vale) v. The United States and the In
dians residing on the Colville Reservation.
A decision was rendered
by the court on May 25, 1908^(43 C. C., 4 9 7 ), and a decree entered in
favor of claimants “in the aggregate sum of $60,000, apportioned as
fo llo w s:
Benjamin Miller, administrator of the estate of Levi Maish, deceased,
$ 6 , 000 .
Hugh II. Gordon. $14,000.
Marion Butler, $20,000.
Josiah M. Vale. $10,000.
Daniel B. Henderson. $5,000.
Herbert J. May, $3,000.
Frederick C. Robertson, $2,000.
The Court of Claims construed the act of June 21, 1906, supra, as
limiting the court to a judgment on the basis of a quantum meruit.
Booth, J., in delivering the opinion of the court, said :
“ In view of the facts and circumstances surrounding the enactment
of the jurisdiction statute here questioned, we can not hold otherwise
than that Congress intended to reward claimants, if entitled to reward,
upon the basis of a quantum meruit.”
This amendment repeals that act of Congress. It sets aside
that decision of the Court of Claims. It is clearly general leg
islation, attempted to be placed upon the Indian appropriation
bill. It seems to me that the bare statement of the fact that
it does repeal this former act of Congress, and that that must
of necessity be done in order to give these people any money
whatever, is sufficient to make it subject to the point of order.
It is general legislation, because it repeals a general act of
Congress.
The PRESIDING OFFICER. Does any other Senator desire
to be heard on the point of order? Upon carefully examining
the proposed amendment, the Chair finds in it nothing that is
apparently deserving of consideration, except the fact that it
is a private claim. The question, in the mind of the Chair, is
8 61 2
CONGRESSIONAL RECORD— SENATE
J uly 3,
late President pro tempore of the Senate, Dir. Frye, and by Mr.
Badger as long ago as in the Thirty-third Congress. The Chair
is inclined to overrule the point of order, but will be glad to
have it further discussed.
Mr. CLARKE of Arkansas. Mr. President, I desire to hear
from the Senator from North Carolina [Mr. O v e r m a n ] , who
has knowledge of the history of this claim, as to the reasons
which take it beyond the rule established by the precedents
which have been read before the Senate. My understanding
is that this whole matter was once before under discussion iu
this body, and the Congress of the United States solved the
difficulty then presented by referring the whole matter to the
Court of Claims for adjudication, both as to the liability and
the extent thereof. The Court of Claims found in behalf of the
claimants for $63,000. That sUm was accepted by the claimants,
including this particular claimant.
Mr. OVERMAN. When the appropriation of the money was
made they received it in full, and it was provided that they
should receive that much in full of all claims and demands.
Mr. CLARKE of Arkansas. That being the case, it seems to
me the entire proceeding was novated into that judgment, and
that precluded and estopped everybody who attempted to assert
any right under that transaction. It seems to me it then re
quired an affirmative act of Congress to create a liability when
the court and the action of the parties themselves decided that
no liability existed and that nobody ought to pay any more on
account of that particular transaction.
If that is the case—and I understand from the Senator from
North Carolina that while rather an imperfect statement of it,
it is not an incorrect one so far as it goes—it would not be a
claim to be dealt with.
The PRESIDING OFFICER. The Chair will state that the
Chair did not understand that particular fact in this case.
Mr. CLARKE of Arkansas. I was sure the Chaif did not.
The Indian appropriation bill being under consideration, on page 53,
The PRESIDING OFFICER. It had not been stated to the
after line 9, the committee reported the following amendment:
Tor payment to .T Hale Sypher, to be paid out of any funds in the Chair.
.
Treasury of the United States belonging to the Choctaw Nation, $ 50,000,
Mr. OVERMAN. The recollection of the Senator from Kan
which said sum the Secretary is hereby authorized and directed to pay
immediately to J. Halo Sypher upon execution by him of a receipt in sas fully agrees with mine about that. I very well remember
full of all claims against the Choctaw Nation for his services and ex the debate upon this claim on the floor of the Senate some four
penses as attorney of said nation under contract entered into on the i or five years ago. It was then understood that we would leave
7th day of November, A. D. 1891, between said J. Hale Sypher and the
to the Court of Claims the question as to what amount should
said Choctaw Nation.
Mr. Kean raised a point of order that it was a private claim and be allowed upon the idea of the quantum meruit. The court al
not in order.
lowed some $63,000. Then, of course, there had to be an appro
The P r e s id e n t pro tempore (Mr. Frye). The Chair calls the at
tention of the Senate to the item on page 53 of this bill, beginning in priation to pay the $63,000. As I understand, in conference it
lino 10 and ending with line 19, for payment to J. Hale Sypher of was provided that this $63,000 should be paid, provided it was
$50,000. The point of o*der was made by the Senator from New Jersey accepted in full of all claims and demands. They did so receive
[Mr. Kean]. The Chair is of opinion that the private claim, under Rule
Now he comes
X V I barred from appropriation bills, must necessarily be a claim against it, and $14,000 was allowed to this claimant.
If it is granted, what is to
the Government of the United States which would take money from the here and asks for $45,000 more.
United States Treasury. This item is not such a claim. It is neither hinder any other attorney engaged there from coming to Con
against the Government nor does it take Government money from the
Treasury. In the opinion of the Chair the committee having full juris gress hereafter and asking for forty or fifty or a hundred thou
diction of the subject had a right to report this item favorably and sand dollars more, on the ground that the Court of Claims erred,
thus make it in order. So the Chair overrules the point of order raised after he had agreed to go into the Court of Claims and have the
by the Senator from New Jersey.
amount allowed upon a quantum meruit?
Mr. CURTIS. But, Mr. President, that item in the appro
This matter has been here three times before, has been voted
priation hill thus passed upon did not attempt to repeal a former down by the Senate, and now it comes up here again. This
act of Congress, nor did it attempt to set aside a finding of the money is in the Treasury. I remember it was said that the
Senator from North Dakota wanted to leave $93,000 there, the
Court of Claims. That is what this amendment does.
The PRESIDING OFFICER. The Chair was about to re disposition of it to be determined hereafter. But why is this
mark when interrupted that it is of opinion that this is not money left there when we provided for the disposition of this
general legislation. The Chair would agree with the Vice Presi fund some two years ago?
I sympathize with Mr. Gordon because this $14,000 is in liti
dent in the ruling he made when the point of order was made
against this identical claim—that it became general legislation gation. It is true that it is not a claim against the Govern
only for the reason that the words “ to be immediately avail ment. But the Government is the guardian of these poor Indi
able ” were inserted in the amendment.
ans, and they are its wards, and I think they ought to be
The Chair is familiar with the ruling of the late Senator treated just like anybody else.
Frye, which has been read by the Senator from North Dakota,
Mr. NELSON. Mr. President, I think—and I say it with all
and has likewise observed that as long ago as February 13, due respect—that the Chair misapprehended the point of order.
1855, in the Thirty-third Congress, this identical question arose I observed—and I am not saying it by way of criticism—that
in the Senate and was ruled upon. It arose on an amendment while the Senator from Kansas [Mr. C u r t i s ] was reading from
providing for the payment to Richard W. Thompson, as attor the document to which he referred, the Chair was reading from
ney for the Menominee Indians, of an amount for services, in the bill. I think if the Chair had heard what the Senator
conformity with a memorial of said Indians. Mr. Badger, in from Kansas read on that point it would have made a different
the chair, decided it in order because it was not a claim against ruling on the point of order. I therefore ask that the Senator
the Government, but payable from the annuities of the Indians, from Kansas will again read what he read before.
although a private claim.
The PRESIDING OFFICER. Before that is done, the Chair
Mr. CURTIS. But, Mr. President, does the Chair hold that will venture to ask the Senator from North Carolina whether
we can, on an Indian appropriation bill, or any other, repeal a this claimant accepted a sum of money and receipted for it?
general act of Congress, and that an amendment of that kind
Mr. OVERMAN. No, Mr. President. I understand that the
will be in order if a point is made? Does the Chair hold that $14,000 mentioned has been in litigation. An injunction lias
Congress can set aside the judgment of a court without the item been issued, and there is litigation over that money right now.
becoming general legislation?
That was his part of the award.
The PRESIDING OFFICER. The Chair does not think the
Mr. CURTIS. The litigation has held up the payment of the
amendment repeals an act of Congress, and does not take that amount.
matter into consideration at all. The Chair is of opinion that
Mr. OVERMAN. The court said he was entitled to the
it is competent for the Senate to pass upon the validity of this $14,000, but the injunction held up its payment, and other law
claim upon precisely the ground that was determined by the |yers are suing for it.
whether or not, under the rules of the Senate, a private claim
of this nature may l>e placed .upon an appropriation bill.
Mr. BACON. Mr. President, as I did not have anything to
say on that point, I should like to say one word in that connec
tion, if I may do so without intruding too far upon the time
of the Senate or of the Chair.
The rule that has been invoked refers to private claims
against the Government. This is not a claim against the Gov
ernment. Here is a fund that belongs to the Indians, and it is
the last of the fund. It is a fund which has been recovered
under the contract for which this fee is claimed. It seems to
me the rule with reference to a private claim has no application
whatever so far as it would bar this item from the right to be
put upon an appropriation bill. It has no relation to a claim
against the Government.
Mr. McCUMBER. Mr. President-----Mr. BACON. If the Senator will pardon me a moment, I
will say just one word. This is a claim against a specific fund.
When that fund is once paid out this claim never can be there
after enforced against it. It is not like a claim against the
Government, which, if denied in one place, may be asserted and
maintained and recovered in another. It is here or nowhere.
It is about to be paid out. The money is already in the Treas
ury to the credit of these Indians.
Sir. McCUMBER. Mr. President, I want to call the Chair’s
attention to the fact—probably it has been already brought to
its attention—that exactly the same question was passed upon
on March 26, 1904.
The PRESIDING OFFICER. The Chair has not yet con
cluded its statement, but will be glad to hear from any Senator
who wishes to enlighten the Chair.
Mr. McCUMBER. I will call attention to the particular point
of order then made:
1912.
CONGRESSIONAL RECORD— SENATE.
8633
.r
f
the joint resolution (H. J. Res. 220) to grant American citizen
ship to Eugene Prince. I ask for the present consideration of
the joint resolution.
jF
There'being no objection, the joint resolutioupVas considered
as in Committee of the Whole.
jMr. JOHNSTON of Alabama. I ask the Senator from Mas
sachusetts why it is necessary to pass th #joint resolution.
Mr. LODGE. I will be very glad to fell the Senator and tell
ENROLLED BILLS SIGNED.
the Senate. It is a very strange case'.'" J never heard of one
The message also announced that the Speaker of the House like it.
#
had signed the following enrolled bills, and they were there
This young man’s grandfather went lo Russia as the represent
upon signed by the Tresident pro tempore:
ative of a large firm in Boston apcl established himself there.
S, 4445. An act concerning unrigged vessels.
His son, John Henry Prince, was born there and remained an
H. It. 21259. An act to allow an exchange of certain lands in American citizen, but has resided in Russia ever since. He is
the Harney National Forest; and
the agent for the Niles ToqP’HVorks and the Bethlehem Steel
H. It. 24227. An act to amend section 11 of an act entitled “ An Works. His son, the subject of the joint resolution, was born
act to grant additional authority to the Secretary o f the Treas in Russia. Our statute, section 1993, provides that—
ury to carry out certain provisions of the public-building acts,
All children heretofore boFn or hereafter born out of the limits and
and for other purposes,” approved March 4, 1909.
jurisdiction of the United States, whose fathers were or may he at the
Army and Navy, and certain soldiers and sailors of wars other
than the Civil War, and to widows and dependent relatives of
such soldiers and sailors, disagreed to by the Senate; agrees to
the conference asked for by the Senate on the disagreeing votes
of the two Houses thereon; and had appointed Mr. R ic h a r d s o n ,
Mr. D ic k s o n of Mississippi, and Mr. W ood of New Jersey
managers at the conference on the part of the House.
PETITIONS AND MEMORIALS.
time of their birth citizens thereof, are declared to be citizens of the
United S ta tes; but therrights of citizenship shall not descend to
children whose fathers Siever resided in the United States.
A?
The PRESIDENT pro tempore presented resolutions adopted
by Local Union No. 21, United Garment Workers of America, of
Ilis father has ng’ter resided in the United States. Therefore
Chicago, 111., praying for the passage of the so-called injunction he can not take Jjy descent. He is not a Russian subject. He
limitation bill, which were referred to the Committee on the therefore can ifet be naturalized, for he has no allegiance to
Judiciary.
renounce. Hqdcould have become a Russian subject and then
Mr. BRISTOW presented a petition of members of the Young come here arid renounced his allegiance, but he declined to
People’s Christian Union of Chanute, Ivans., praying for the swear allegiance to the Czar. He can not even get a passport
enactment of an interstate liquor law to prevent the nullifica to leave the country. It had to be arranged by our ambassador
tion of State liquor laws by outside dealers, which was referred there with the knowledge of the Russian state department,
and he.Was allowed to come out on a letter which they gave him.
to the Committee on the Judiciary.
Mr. JONES. I present telegrams in the nature of petitions
Min JOHNSTON of Alabama. He is a man without a country
from members of the Alaska Steamship Co., the Associated now, of course.
Chambers of Commerce of the Pacific Coast, and the Ship
Mr. LODGE. The House report, which I shall ask to have
owners’ Association of the Pacific Coast, favoring the adoption printed in the R ecord, says that Eugene Prince is a citizen of
° f a proposed amendment to the sundry civil appropriation bill, 4iio country on earth. I may add that his family have been
Which was submitted by me on the 13th instant, to appropriate^ settled in the town of Wenliam, Mass., since 1643. So he m ay
$115,000 to establish a light and fog signal at or near Cape fairly be described as American stock.
St. Elias, Alaska. I move that the telegrams be referred to the
The joint resolution was reported to the Senate without
Committee on Appropriations.
amendment, ordered to a third reading, read the third time,
The motion was agreed to.
#
and passed.
Mr. GARDNER presented petitions of Northern Light Grange,
The PRESIDENT pro tempore. The committee recommend
Patrons of Husbandry, of Monroe; of Weavers’ Local Union No. that the preamble shall be stricken out. It will be so ordered,
103, of Brunswick; and of sundry citizens of Portland, all in without objection.
Urn State of Maine, praying for the establishment of a govern
Mr. LODGE. I ask that the House report may be printed in
mental system of postal express, which were referred to the the R ecord.
There being no objection, the report was ordered to be printed
Committee on Post Offices and Post Roads.
Mr. TILLMAN presented a petition of the .congregation of in the R ecord, as follow s:
tbe Methodist Episcopal Church South, o f St. Matthews, S. C.,
[House Report No. 856, Sixty-second Congress, second session.]
Praying for the enactment of an interstate litjjfor law to prevent
Mr. S a b a t h , fro m the Committee on Immigration and Naturalization,
tbe nullification of State liquor laws by outside dealers, which submitted the following report, to accompany House joint resolution
220 :
Was referred to the Committee on the Judiciary.
The
Immigration
to
Air. WETMORE presented a petition of: Local Union No. 534, referredCommittee on resolution (H .and Naturalization,grantwhich was
House joint
J. Res. 220) to
American
Brotherhood of Painters, Decorators, rind Paperhangers of citizenship to Eugene Prince, reports the same without amendment and
America, of Newport, R. I., praying for the passage of the so- recommends that it be passed.
Eugene
on earth. Ilis father is an
called injunction limitation bill, wlii£h was referred to the American Prince is a citizen of no country under section 1J93, Revised
citizen residing in Russia ; but
Statutes of the United States, American citizenship has not descended
Committee on the Judiciary.
other hand, as
be
the sub
sIr. GIIONNA presented a memorial of Local Division No. to Eugene Prince.theOn the Department and will the seen from ambassa
joined Tetters of
State
of
American
4u3, Order of Railway Conductors, of Enderlin, N. Dak., dor at St. Petersburg, under Russian law Eugene Prince is not a
remonstrating against the passage of the so-called employers’ Russian subject.
.
,,
Prince
at
employed
International
liability and workmen’s compensation bill, which was ordered Harvester isCo. present22 years of m Chicago, 111., by the for him satis
He is
age. It is impossible
to lie on the table.
,4r
factorily to meet the legal requirements of naturalization in the United
Mr. JONES presented resolutions adopted by Stevens Post, States, as he has no allegiance to renounce.
The young man’s history is as follows :
^o- 1, Grand Army of thejftepublic, Department of Washing
He comes of a fam ily who settled in Essex County, Mass., in 1643.
ton, of Seattle, Wash., expressing confidence in the integrity Ilis relatives are residents of Wenliam, Salem, Andover, and Cambridge,
and faithfulness of C. H. Hanford, United States district judge Mass. •
As
young man
left Salem,
tor the western district Of Washington, which were referred to Mass.,a and went to his grandfather, George Henry Prmce, the firm of
St. Petersburg, Russia, to represent
ibe Committee on the Judiciary.
t .
Messrs. W . Ropes & Co., of Boston, Mass., exporters^ of petroleum.
He also presented jti petition of the faculty of the Uni Subsequently he became a partner of the firm, dying in Finland in 1900.
George
versity of AVashingtdn, Seattle, Wash., and a petition of the Prince), H. Prince’sinfifth child, John Henry Prince (father of Eugene
was born
Russia and never resided in the United States, refaculty of the University of Washington (summer school), taining, however, his American citizenship and acting as agent for
Seattle, Wash., praying for the establishment of a department various American firms, such as the Niles Tool W orks, of Hamilton,
Ohio, the Bethlehem Steel Works, etc. John Henry Prince is now about
° f Public health, which were ordered to lie on the table.
49 years old. He is carried on the Russian records as an American
.'
THE SPONGE INDUSTRY.
Mr. FLETCHER, from the Committee on Fisheries, to which
was referred Hie bill (S. 6385) to regulate the taking or catcliU of sponges in the waters of the Gulf of Mexico and Straits
1g
of Florida; the landing, delivering, curing, selling, or disposing
()f tlie sauie; providing means of enforcement of same; and
other purposes, reported it with amendments and submitted
u report r No. 904) thereon.
<
EUGENE PRINCE.
Mr. LODGE.
From the Committee on Immigration I report
back favorably, with an amendment striking out the preamble,
citizen doing business in St. Petersburg nnder an annual permit of resi
dence known as a “ billet de sejour.”
Under the Russian law his off
spring are also held to be American citizens.
Eugene Prince, the beneficiary under II. J. Res. 220, son of John
Henry Prince, was born January 22, 1890. On completing his studies
he became a clerk in the office of the International Harvester Co. at
Moscow, Russia. As he approached the age of 21 years he determined
to return to America and take lip his residence, but soon found that
there was difficulty about his citizenship and consequently about his
passport for leaving Russia.
Under section 1993, Revised Statutes of the United States, American
citizenship does not descend to the children of an American citizen
who has never resided in the United States. Consequently, as John
Henry Prince has never resided in this country, our diplomatic and
consular officers in Russia could not recognize his son, Eugene Prince,
as an A-merican citizen and therefore could issue him no passport.
8634
CONGRESSIONAL RECORD— SENATE
On the other hand, Russian-law does not recognize Eugene Prince as
a subject of the Czar, and therefore he could not get a passport as a
Russian.
It appears that when an American resident in Russia desires to
leave that country he must arm himself with a permit from the
Russian Government allowing him to pass the border. This permit is
only issued upon the presentation o f his American passport. As Eu
gene Prince could present no American passport lie could get no Rus
sian permit to cross the border. Ambassador Rockhill and various
consular officers interested themselves in the matter and affairs were
finally adjusted temporarily through the good offices of Ambassador
Guild. The Russian Government issued to Eugene Prince a special
permit in the form o f a letter, and then by the American consul he
was passed over the border and put on the steamship at Libau, Russia.
Some time in 1911 Prince arrived in this country. After a visit to
his relatives in Wenham, Mass., he entered the Chicago offices of the
International Harvester Co., and at the same time made declaration
of bis intention to become an American citizen, should it prove im
possible to obtain special legislation in his behalf. It now appears
that this declaration does not and can not conform with the terms ot
the law. Unless this resolution is passhd, Prince will be in a deplora
ble situation, without standing as a citizen of any country and without
the possibility of returning to Russia because lie can secure no Pass
port either as an American citizen or as a subject of the Czar. Ana
yet ills chief value to his employers obviously arises from the fact
that his knowledge of the Russian tongue and of Russian business
methods makes him a most acceptable agent to send to Russia from
time to time to straighten out difficulties and to help in the intro
duction of new lines of goods. Unless his way is open for free en
trance into Russia and free exit from Russia his services to his
employers will be of little or no value. He must probably content
himself with a very inferior situation.
It is true that Eugene Prince could to isome extent have solved the
difficulty before leaving Russia had he b?en willing to take the neces
sary steps to obtain Russian citizenship. The opportunity was open
to him under Russian law to swear allegiance to the Czar, to have
himself received Into a “ class ” so called, to pay certain fees and con
form to some formalities. In this way he could have become a Rus
sian subject and Could have obtained a passport as such whenever he
should desire to revisit Russia. Naturally enough, however, he had
no desire to swear allegiance to the Czar, and then proceed at once to
the United States for the purpose of renouncing that very allegiance.
His convenience would have best been served by adoptiflg Russian
citizenship. He has passed the age for military service and no
embarrassing obligations would have fallen to his lot. Nevertheless,
it was and is repugnant to his sentiments to abandon his desire to be
recognized as a citizen of the United States in view of his descent and
in view of his training and sympathies and in view of the fact that
until recently he always supposed that his American citizenship was
an unquestioned fact.
M arch 12, 1912.
Hon. J o h n L. B u r n e t t ,
House of Representatives.
S ir : W ith reference to your letters of February 10 and 17, 1912,
concerning House joint resolution 220, providing for the citizenship of
Eugene Prince, who was born in Russia of an American father who
had never resided in this country, you are informed that this case has
been informally and unofficially referred to a member of the Russian
embassy, who confirms the conclusion already reached by the depart
ment that Mr. Prince did not acquire Russian nationality by the fact
of his birth within the territory; of Russia, the Russian law of na
tionality being based upon the jus isanguinis and not upon the jus soli.
While it is believed •that this information can be relied upon for the
purpose you have in view, yet, if you so desire, the department will
seek to obtain from the appropriate Russian authorities an official state
ment of the law applicable in this case. 1 venture the suggestion, how
ever, that to obtain such a statement would not improbably require
considerable time.
I have the honor to be, sir, your obedient servant,
„ H u n t in g to n W il s o n ,
Acting Secretary of State.
S®. P e te r sb u r g , May s, 1912.
The honorable the S e c reta ry op S t a t e , Washington.
S ir : Referring to the department’s unnumbered instructions of April
13 last, relative to the citizenship of Eugene Prince, I have the honor
to report that under Russian law Mr. Prince can not be considered a
Russian subject.
In determining the nationality of a native Russian in foreign lands
the Russian law only considers the question of whether such individual
obtained permission from his Government to renounce his allegiance
thereto and to assume a foreign citizenship, ory if born in a foreign
country, whether his parents were Russian subjects. Under this theory
the Russian law applies the same test to foreigners.-who may be born or
who reside in Russia.
Thus Mr. Prince, whose grandfather and father were Americans, is
also considered an American, even though born in Russia. Ho had the
opportunity of becoming a Russian subject at any time after five years’
continuous residence, but did not do so.
I have the honor to be, sir, your obedient servant,
C u r t is G u il d .
[Section 1993, Revised Statutes o f the United States.]
All children heretofore born or hereafter bom n,,t
jurisdiction of the United States, whose fathers were of- f ™
'l? '1
time of their birth citizens thereof, are declared ta be
fit I,he
United States; but the rights of citizenship shall not descomi
ehiw.f116
whose fathers never resided in the United1 States.
aescentl to chiidien
J uly
By Mr. BURTON:
A bill (S. 7253) granting an increase pf pension to Lucy l
Richards; to the Committee on Pension#
By Mr. ROOT:
/
A bill (S. 7254) for the relief of -Nicholas Redmond and cer
tain other Army officers and their heirs and legal representa
tives; to the Committee-on Claims.
By Mr. GARDNER:
A bill (S. 7255) to remove the charge of desertion from the
record of James L. Pierce /w ith accompanying papers) ; to the
Committee on Military Affairs.
x
A bill (S. 725G) granting a pensioh-^o Mary J. D. Arkett (with
accompanying papers) ; to the Committee on Pensions.
By Mr. WATSON :
A bill (S. 7257) granting an increase of pension to Jennie E
Engle (with accompanying papers) ; and
A bill (S. 7258) granting an increase of pension to Margaret
Staton, including Earnest M. Staton; to the Committee on
Pensions.
By Mr. POMERENE :
A bill (S. 7259) granting a pension to Cornelia Coleman
Bragg; to the Committee on Pensions.
P>yMf .'GORE (for Mr. O w e n ) :
Al bill (S. 7260) providing for the sale of the remaining por
tion of the Choctaw and Chickasaw unallotted and segregated
lands; to the Committee on Indian Affairs.
A
J granting an increase of'pension to William
L. Brown (with accgmpauyifig paper) ; to the Committee on
Pensions.
v.
AMENDMENTS TO SUNDRY CIVIL APPROPRIATION HILL (H . R. 25060).
Mr. JONES submitted an amendment proposing to appro
priate $50,000 for: the establishment in Alaska of a fisheries ex
periment station, etc., intended to be proposed by him to the
sundry civil appropriation bill, which was referred to the Com
mittee on Fisheries and ordered to be printed.
He also submitted an amendment proposing to appropriate
$35,000 for the improvement of the Govenrfnent road in the
Mount Rainier National Park, etc., intendort to be proposed by
him to the sundry civil appropriation bill^which was referred to
the Committee on Appropriations and oi/ered to be printed.
OMNIBUS CLAIMS
h P TA--
Mr. CULLOM submitted, an amendjfhent intended to be pro
posed by him to the bill (BfcR. 19115/ making appropriation for
payment of certain claims in accouflance with findings of the
Court of Claims, reported 'under S h e provisions of the acts
approved March 3, 1883, ami Ma*ch 3, 1887, and commonly
known as the Bowman and the Tirfker Acts, which was ordered
to lie on the table and be printed./
Mr. CATRON submitted an amendment intended to be pro
posed by him to the bill (H. R i 19115) making appropriation
for payment of certain claims jb accordance with findings of
the Court of Claims, reported imiser the provisions of the acts
approved March 3, 1883, and March 3, 1887, and commonly
known as the Bowman and the Tucker Acts, which was ordered
to lie on the table and be printed. *
Mr. MARTINE of New Jersey submitted an amendment in
tended to be proposed by him to the^bill (H. R. 19115) making
appropriation for payment of certain#laims in accordance with
findings of the Court of Claims, reported under the provisions of
the acts approved March 3, 1883, and 'March 3, 1887, and com
monly known as the Bowman and the Vucker Acts, which was
ordered to be printed and, with the accobipanying paper, to lie
on the table.
\
Mr. CRANE submitted an amendmentYintended to be pro
posed by him to the bill (H. R. 19115) imtking appropriation
for payment of certain claims in accordancewitli findings of the
Court of Claims, reported under the provisions of the acts ap
proved March 3, 1888/and March 3, 1887, andvcommonly known
as the Bowman and the Tucker Acts, which was ordered to be
printed and, with th£ accompanying paper, to lie on the table.
IRRIGATION#ND RECLAMATION (S . DOC. N O l^ C O ).
Mr. WORKS. Mr. President, I have here a paper on irriga
tion and reclamation by Francis G. Tracy, of New’’’'Mexico, it
BILLS INTRODUCED.
is a very interesting and instructive presentation or,The ques
Bills were introduced, read the first time, and, by unanimous tion, containing-valuable information in the way of Statistics
consent, the second time, and referred as follow s:
relating to the Reclamation Service and various otheAthings.
By Mr. SANDERS:
I should like to have it printed as a public document. \
A bill (S. 7252) to amend section 107 of the act entitled “An
The PRESIDENT pro tempore. The Senator from California
act to codify, revise, and amend the laws relating to the ju asks that the paper which he has described be printed as a
diciary,” approved March 3, 1911 (with accompanying papers) ; public document. Is there objection? The Chair hears none,
to the Committee on the Judiciary.
and it is so ordered.
1912
CONGRESSIONAL RECORD— SENATE.
have read the official statement in the House of Commons
that-----Mr. JOHNSTON of Alabama. Mr. President-----Mr. POINDEXTER.
Just one moment—and the notice
served upon Germany by England that for every ship laid down
by Germany England would lay down tw o; so that whatever
our program may be and whatever contingent difficulties we
may have in the enforcement of our foreign policy, we will be
confronted by those fleets, regardless of the program which
we may adopt here.
Mr. JOHNSTON of Alabama. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Wash
ington yield to the Senator from Alabama?
Mr. POINDEXTER. I yield.
Mr. JOHNSTON of Alabama. I should like to ask the Sen
ator from Washington if he thinks we can ever equal England
in its armament and its fleet? How much money would we
have to pay out to do so? Would it not be over $2,000,000,000 if
she just stood still?
Mr. POINDEXTER. I f we should undertake to do that, Mr.
President, we would have to pay out $216,000,000 a year for
°u r naval estimates.
Mr. JOHNSTON o f Alabama. For 20 years?
M POINDEXTER. Well, for the present rate of increase
x*.
or for the present equipment. What period of time would be
required to overtake England in armament is a matter depend
ent, o f course, upon various circumstances that can not be cal
culated here.
Mr. JOHNSTON of Alabama. The Senator’s idea is not that
we can ever accomplish the result of having as large a fleet
as England at all, is it?
Mr. POINDEXTER. I do not think we ought to have any
such object in view. I do not think that it is necessary.
Mr. JOHNSTON of Alabama. But if we had the idea, we
could not do it.
Mr. POINDEXTER. My idea is that if we wanted to do it
we could do it.
Mr. JOHNSTON o f Alabama. We could not do it at all.
Mr. POINDEXTER. We could afford to do it, and there
is nothing in the world that I can see and nothing that the
Senator has so far pointed out which would prevent this Nation
from building a fleet as great as that o f England. I do not
contend that we ought to do that; that is not involved in this
proposition; but I do say, in answer to the Senator’s question,
that, if the necessity arose for it, we have the wealth, the
resources, and the ability to build a fleet equal to that of
England.
Mr. JOHNSTON of Alabama. I think the Senator will admit
that England has as great ability and as great resources as we
have for building battleships.
Mr. POINDEXTER. No; I do not admit that at all.
Mr. JOHNSTON of Alabama. Well, we differ widely.
Mr. POINDEXTER. The resources incident to the construc
tion of battleships consist of natural resources and accumulated
wealth, and I insist that this country has more resources than
has the Empire of Great Britain; but that is a mere academic
discussion.
We have undertaken to assert, Mr. President, since we have
become a nation o f importance, what has come to be known as
the Monroe doctrine. That doctrine is not accepted as a part of
international law by the great nations of Europe. The only
way we can maintain it is by the possession of a sufficient mili
tary force. For every ship we build we are relieved to that
extent of the necessity of maintaining an army.
It is only commonplace to refer to the wars in which we have
niready been engaged, and to call attention to the fact that we
have been successful in those wars, including the great Civil
War, because of our Navy. In the great Civil War the Federal
T nion was successful because it commanded the seas and the
Confederate States possessed no navy. So it was in the Revo
lutionary War. The services of John Paul Jones, together with
the services rendered to us by the French fleet, were responsi
ble to a large extent for the success of the American Army and
the American Nation in the war for independence. So it has
been throughout our history.
Mr. JOHNSTON of Alabama. I want to ask the Senator
how our Navy in the Revolutionary War compared with the
English Navy. We had only a few ships then.
Mr. POINDEXTER. It compared very favorably in point
° f brilliant service. It compared favorably enough for us to
threaten the city of London, to gain victories off the coast of
the islands of Great Britain, and to threaten the commerce of
England.
8649
Mr. SWANSON, If the Senator will permit me, I will sug
gest that it was the French fleet in Chesapeake Bay that com
pelled the surrender of the British forces at Yorktown. If the
French fleet had not been in American waters at that time to
maintain the naval supremacy of our cause, the results of the
Revolutionary War would have been vastly diffei’ent.
Mr. POINDEXTER. I have not the slightest doubt of the
accuracy of the statement of the Senator from Virginia. But I
say it is only commonplace to cite the fact that not only in our
own experience, but in that of England itself, and that of all
the great nations of the world, their success and their greatness
have been due to their navy, to their command of the sea. That
was the case with the Empire of Rome. England never would
have survived the attacks of Napoleon if it had not been for
the superiority of her fleet, the superiority of her admirals, her
command of the sea.
We can not blind ourselves to the fact that we are facing the
contingency, at least, o f foreign difficulty, not only in the At
lantic but in the Pacific. The danger is constantly increasing;
the possibility of those difficulties is becoming more acute year
by year as the pressure of population and the struggle for ex
istence become more acute in the great nations bordering upon
those oceans. We are compelled to be prepared to defend our
selves. The moment we cease to maintain an armament, that
moment we become a prey to the necessities and to the ambi
tions of the nations which rival us upon the Atlantic and upon
the Pacific.
We have had practical experience already with Japan
and with England and with Germany— I hope the incidents
will not be repeated, but they are matters of recent history—
when we were able to maintain the honor of the United States,
not through diplomacy, not through negotiations, but because
our diplomacy was backed up by an adequate fleet. The only
way we can continue to maintain the honor of this country, so
long as the program of military armament by other nations is
continued, is to continue to be able to use force when it is neces
sary.
I am in favor of peace, as we all are. If the Senator from
Alabama could institute a negotiation which would result in
the simultaneous cessation of warship building by Japan and
Germany and England and the United States, he would render
a great service not only to his own country but to mankind.
But for the United States to undertake to stop the extension of
its Navy, without consideration of what the other nations are
going to do, would be, in my judgment, perfect folly.
Mr. IIEYBURN. Mr. President, there is another phase of
this matter which ought to be mentioned. When we provide
for the building of two battleships we are merely providing a
market for at least $20,000,000 of American material and Amer
ican labor. If we were going to buy these ships in a foreign
market, ships constructed out of foreign material by foreign
labor, that would be a different proposition. But we are merely
going to make occupation for American citizens by giving them
a chance to construct these ships. Nothing is lost in the way
of money expended, because it is merely an interchange or an
exchange. It is creating an opportunity to do business.
One of the wisest provisions in regard to the construction of
these ships is that they must be constructed of home material
by home labor, and that goes far to justify the expenditure of
these large sums of money. It is not an expenditure in one
sense of the word, but it is employing our own resources and
making opportunities for men.
I have never hesitated to vote liberal appropriations for the
construction of ships for the Navy, not because I thirst for war
or strife, but because I regard their construction as a guaranty
against war and as a guaranty of protection to our people and
their property. The responsibility of founding this Nation
rested upon those who did that great act, but the responsibility
of maintaining it rests upon each succeeding generation that
follows.
There should be no cessation, no period when this Govern
ment should not be expending the money which it collects in
tolls from foreign peoples and nations to protect us against the
aggression of those peoples. We take in every year at our
customhouses enough money to build 30 battleships. We make
the foreign manufacturers and producers of dutiable articles
build our Navy out of only a small portion of the money we
collect from them. So my conscience does not trouble me in
regard to the expenditure of money for this purpose.
Think how much more desirable it is fo keep an enemy out
of the country than it is to take care of him after he gets into
the country. We do not want, foreign soldiers landed upon
American soil. When they are once landed we are confronted
with a very different proposition. The Navy of the country is,
CONGEESSIONAL RECORD— SENATE.
and should bc,piji»tH,ny intended to protect our people againsj
the iuvasion-efdwei^iipes, and it has always met the>afic^ssi>
The PRESIDE"
adoption of the
bama to the
Mr. JOHNS
and nays.
The yeas and nays were ordered.
Mr. LODGE. Mr. President, I understand/ a X u /e /fo r the
amendment is a vote for one battleship, whire/a vote against
the amendment is a vote for two?
The PRESIDENT pro iemnoro The Senator is correct
least in the fip j part f ids statement.
/
Mr. MYIwS. Will the Chair have the amendment read, in
order-ffiat we may see in what form it is?
The PRESIDENT pro tempore. The Secretary will report
the amendment.
The S ecretary . On page 79, in the proposed committee
amendment, it is proposed, before the word “ first-class,” in
line 3, to strike out “ two ” and insert “ one ” ; also, on the
same line, to strike out the word “ battleships” and insert the
singular, “ battleship” ; also, on lines 3 and 8, to strike out the
word “ each,” so that, if amended, it will read:
J u l y 5,
M CRAWFORD. I desire to announce thjht_my colleague
ar.
[Mrf Ga m b l e r s unnvnidnhU- .ibsaufe— Hurras^jL^gthioral pair
oth the Squwtor from uioniioma [Mr. Oi v m ].
>
r
Senator fr<**^M(2M3jsu^[Mr.
„
the*Chamber, and I under
stand h6 is paired with the junior Senator from Missouri [Mr.
R e/
dK
REED (after having voted in the affirmative). I had
to my feet to say that I voted inadvertently, without
iting littfHbsence of the Senator from Michigan [Mr. Sm ith ].
ny pays^vith tkfi S^wrhVrrolygAIicnigan to the SenM l 'o n i NebraskC
will allow my vote
to/staKd----1 anijust ii/formed that the Senator from Nebraska
is paired, and under the circumstances I withdraw my vote.
Mr. WARREN. My colleague [Mr. C l a r k ] i's at home in.
Pie has a general pair, I believe, with the senior Senator from
Missouri [Mr. S t o n e ] .
Mr. BRANDEGEE. I transfer my pair with the junior Sen
ator from New York [Mr. O ’ G o r m a n ] to the junior Senator
from Illinois [Mr. L o r im e r ] , and will vote. I vote “ nay.”
Mr. STONE. I have a general pair with the senior Senator
from Wyoming [Mr. Clark]. I do not know how he would
vote, and therefore I withhold my vote.
Mr. HEYBURN. I transfer my pair with the senior Senator
Thai f°r the purp°se ° f further inereiising the naval establishment
of the United States the President is hereby authorized to have con- from Alabama [Mr. B a n k h e a d ] to the junior Senator from
structed one nrst-clo-ss bfittlGsliip, eftrrying <is Iigeivv 3,rmor and £is Pennsylvania [Mr. O l iv e r ] , and will vote. I vote "nay.”
powerful armament as any vessel of its class, to have the highest prac
Mr. CLAPP. I desire to state that the senior Senator from
ticable speed and great radius of action, and to cost, exclusive of armor
and armament, not to exceed $7,425,000.
Montana [Mr. D i x o n ] is unavoidably absent. He is paired with
The PRESIDENT pro tempore. The Secretary will call the the junior Senator from Texas [Mr. B a il e y ]. If the senior
Senator from Montana were present, he would vote “ nay.”
roll.
Mr. CULBERSON. In view of my general pair with the
The Secretary proceeded to call the roll.
Mr. BRANDEGEE (when his name was called). I am paired Senator from Delaware [Mr. dii P o n t ], who is absent, I with
with the junior Senator from New York [Mr. O’ G o r m a n ]. Not hold my vote.
The result was announced—jmas 12, nays 43, as follow s:
seeing him on the floor I withhold my vote. If I were at liberty
to vote, I should vote “ nay."
Mr. CHAMBERLAIN (when his name was called). I am
Smith, Ariz.
Johnston, Ala.
Clapp
Bacon
Tillman
paired with the junior Senator from Pennsylvania [Mr. O liver ], Bristow
Kern
Fletcher
Williams
Pomerenc
Gronna
but I am assured that he would vote as I intend to, and, there Burton
fore, I take the liberty of voting. I vote “ nay.”
NAYS— 43.
Mr. CRAWFORD (when his name was called). I have a Ashurst
Simmons
Lodge
Cullom
Smith, Ga.
Martin, Va.
general pair with the junior Senator from Arkansas [Mr. Bourne
Cummins
Smith, Md.
Martine, N. J.
Dillingham
D a v is ]. I transfer it to the junior Senator from Wisconsin [Mr. Bradley
Smoot
Nelson
Fall
Brandegee
S t e p h e n s o n ] and will vote. I vote “ nay.”
Swanson
Page
Gallinger
Bryan
Paynter
Thornton
Mr. CURTIS (when his name was called). I am paired with Burnham
Gardner
Penrose
Townsend
Guggenheim
the junior Senator from Nebraska [Mr. H it c h c o c k ] and there Catron
Perkins
Watson
Heyburn
Chamberlain
fore withhold my vote.
Poindexter
Wetmore
Johnson, Me.
Clarice, Ark.
Works
Root
Mr. THORNTON (when Mr. F oster ’s name was called). I Crane
.Tones
Sanders
Kenyon
wish to announce that my colleague [Mr. F oster ] is necessarily Crawford
NOT VOTING—-39.
detained from the Chamber on account of sickness. He is
paired with the junior Senator from Wyoming [Mr. W arren ]. Bailey
McCumber
Reed
Dixon
McLean
Richardson
I am also authorized by my colleague to say that, if present, he Bankhead
du Pont
Myers
Shively
Foster
would vote for two battleships.
Borah
Newlands
Smith, Mich.
Gamble
Mr. HEYBURN (when his name was called). I have a gen Briggs
O’Gorman
Smith, S. C.
Gore
•
Brown
. Oliver
Hitchcock
Stephenson
eral pair with the senior Senator from Alabama [Mr. B a n k - Chilton
Overman
Stone
La Follette
h e a d ].
I do not know how he would vote if he were present, Clark, Wyo.
Owen
Sutherland
Lea
and in his absence I withhold my vote. I will say that if he Culberson
Percy
Warren
Lippitt
Curtis
Itayner
Lorimer
were present and I were at liberty to vote, I should vote “ nay.” Davis
Mr. WETMORE (when Mr. L ippitt ’ s name was called). My
So the amendment o f Mr. J ohnston o f Alabama to the amend
colleague [Mr. L ip p it t ] is unavoidably absent. He has a gen ment was rejected.
eral pair, I understand, with the Senator from Tennessee [Mr.
The PRESIDENT pro tempore. The question now is upon
Lea]. If my colleague were preseut, he would vote* “ nay.”
the amendment proposed by the committee.
Mr. McCUMBER (when his name was called). I have a gen
The amendment was agreed to.
eral pair with the senior Senator from Mississippi [Mr. P ercy ],
Mr. ASHURST. I have an amendment to propose. I was
He being absent, I withhold my vote.
on my feet when the question was put, although possibly I did
Mr. MYERS (when his name was called). On this and other not present the matter quickly enough. I want to propose an
matters for the time being I am paired with the Senator from amendment to that section.
Connecticut [M r. M cL e a n ], It is my information and under
The PRESIDENT pro tempore. The Chair will consider it, if
standing that if he were here he would vote “ n a y ” on this there be no objection.
amendment, while if at liberty to vote I should vote “ yea.”
Mr. ASHURST. I offer the following amendment-----But. on account of being paired, I refrain from voting.
Mr. LODGE. The amendments of the committee have not
Mr. OVERMAN (when his name was called). On this amend
ment I am paired with the junior Senator from West Virginia yet been completed.
The PRESIDENT pro tempore. Does the Chair understand
[Mr. C h il t o n ]. He favors two battleships; I favor one/ He
the Senator from Arizona to say that he wishes to amend (he
would vote “ nay ” if present, and I should vote “ yea.”
Mr. SMITH of South Carolina (when his name was called). amendment just adopted? That can not be done without a
I have a general pair with the junior Senator from Delaware reconsideration of the vote.
Mr. ASHURST. I then offer it as an independent amend
[Mr. R ich ar d so n ], and in his absence I withhold my vote.
Mr. SMOOT (when Mr. Su t h er lan d ’ s name was called). My ment, Mr. President.
The PRESIDENT pro tempore. The Senate is now consider
colleague [Mr. Su th e r la n d ] is unavoidably detained from the
Chamber. He has a general pair with the senior Senator from ing the committee amendments, and unless it is an amendment
Maryland [Mr. R a y n e r ]. If my colleague were present, he to a pending amendment, the Senator will have to withhold it
would vote “ nay.”
for the present.
_ Mr. WARREN (when his name was called). On this ques
Mr. ASHURST. Very well; I will do so.
tion I am paired with the senior Senator from Louisiana [Mr.
The reading of the bill was resumed.
F oster ], and withhold my vote.
The next amendment of the Committee on Naval Affairs was,
The roll call was concluded.
on page 79, line 11, after the words “ navy yards,” to insert
fn
1912.
COKGEESSIOJNT
AL
eecoed—sen ate.
naturally spring up where millions of men are assembled to
gether and the strong are led to prey upon the weak; and in
any State where there is a large city under our scheme of gov
ernment there may be expected corrupt politics. The only ex
ception, if it be an exception, is in Massachusetts. I never have
believed that Boston exercised the corrupting influence upon the
Massachusetts Legislature that New York City does on New
York, or Philadelphia does on Pennsylvania; and I attribute
New England’s exemption from corruption in politics to the
large size of the State Legislatures. It is much easier by use of
money or other corrupt instrumentalities io debauch a small
legislature than a large on e; and then, too, our “ Yankee ”
friends, while they always seem willing and anxious, under the
forms of the law, to put their hands in other men’s pockets, are
always very careful to guard their own. The corporations in
New England I have sometimes thought controlled the legisla
tures enough to send their attorneys here, but in my 18 years of
service I do not believe there has ever, in my time, been a Sen
ator from New England who was corrupt.
I know that my vote in this case before has given great um
brage to a large number of my constituents in South Carolina,
because the newspapers there have a fellow feeling for the
great Chicago dailies, and have howled about L orim er ’ s cor
ruption until they believe him to be corrupt, and the people
knowing nothing about the record and the evidence in the case
have imbibed the same idea.
Two men are now canvassing the State for my seat and’ the
primary comes off on the 27th of August; but if I knew my
vote would cause my defeat, I would still cast it in his favor.
Since I was stricken with paralysis, 30 months ago, I have
thought often and seriously about death and the hereafter.
That I am here at all is in some respects a miracle, and I know
I must go hence and meet the Great Judge face to face .very
soon. Knowing that, I can not do otherwise than vote as my
conscience dictates, and I believe this man is innocent of the
charges brought against him.
If he be driven from the Senate, as seems probable now, I
hope he will consecrate his life and great talents—fo r we all
recognize what a phenomenal orator he is—to the purification
of politics in his native city and the uplift of his fellow citizens
in Illinois to the realization of their duty and their danger.
But whether he is expelled or not, he ought to do this, and I
believe if he does bravely fight for a purer and better govern
ment in Illinois, God will strengthen his arm and he will return
to the Senate vindicated by the people of that great State. I
know, for I have been allover il^4 tot,£l 4£ ^ jir e many millions
of the native
'there, men as bTdh aud^nfriotic
other State, and they ought to assert their mantM voil-a m l prove their patriotism.
The PRESIDENT pro tempore. The resolution upon which
the Senate is about to vote will be rend from the desk.
The S ecretary . Senate resolution 315, by Mr. L ea :
8987
Mr. MYERS (when his name was called). During his absence
from the Senate I have a pair with the Senator from Connec
ticut [Mr. M cL ean ] . I am, however, authorized to state that,
if the Senator from Connecticut were present, he would vote on
this Question in the same way that I shall vote. I am there
fore released from my pair with him on this question and shall
vote. I vote “ yea.”
Mr. GORE (when Mr. O w e n ’ s name was called). My col
league [Mr. O w e n ] is necessarily absent from the Senate. If
present, he would vote “ yea.”
Mr. CLARK of Wyoming (when Mr. W arren ’ s name w as
called). My colleague [Mr. W a r r e n ] has been called from the
city by serious' illness in his family.
The roll call was concluded.
Mr. CULBERSON (after having voted in the affirmative).
In view of my general pair with the Senator from Delaware
[Mr. du P o n t ], who h as not voted, I withdraw my vote.
Mr. McCUMBER. It is perhaps proper for me to state that
I have a general pair with the senior Senator from Mississippi
[Mr. P e rcy ], I have a- letter i'f^jp that Senator relieving me
from that pair. I, however, would n o u ifa ^ ^ n sid ered the pair
as binding in a case of this kind.
The roll call resulted— yeas 55, nays 28, as follow s;
Y E A S — 55
Martin, Va.
Mar tine, N. J.
Myers
Nelson
Newlands
O’Gorman
Overman
Page
Poindexter
Pomerene
Rayner
Reed
Root
Sanders
Ashurst
Bacon
Borah.
Bourne
Briggs
BristowBrown
Bryan
Burton
Chamberlain
Clapp
Clarke, Ark.
Crawford
Cullom
Cummins
Curtis
Dixon
Fall
Gardner
Gore
Gronna
Hitchcock
Johnson, Me.
Kenyon
Kern
La Follette
Lea
Lodge
Bailey
Bradley
Brandegee
Burnham
Catron
Clark, W yo.
Crane
N A Y S — 28.
Dillingham
Jones
Lippitt
Fletcher
Foster
McCumber
Gallingcr
Oliver
Gamble
Paynter
Guggenheim
Penrose
Johnston, Ala.
Perkins
Bankhead
Chilton
Culberson
Davis
du Pont
Heyburn
NOT VO T IN G — 11.
Lorimer
McLean
Owen
A
Shively L ;
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith, S. C.
Stone
Sutherland
Swanson
Townsend
W atson
W illiam s
Works
Richardson
Smith, Md.
Smoot
Stephenson
Thornton
Tillman
Wetmore
Percy
Warren
>
The PRESIDENT pro tempore. On the re solo tkprlsu bmitted
by the Senator from Tennessee [Mr. L e a ] the^jseSs are 55 and
the nays are 28. The resolution is agreed to.
SENATOR FROM NEVADA.
Sfr. NEWLANDS. Mr. President, I rise to a question of
privilege. The Hon. W . A. M a s s e y , recently appointed by the
liesolved, That corrupt methods and practices were employed in the
governor o f Nevada to fill the vacancy in the Senate created by
election of W il l i a m L o r im e r to the Senate of the United States from
the £5(;
the Jleath of the late Senator Nixon, is present and desires to
State of Illinois, and that his election was therefore invalid.
?4
Th£*-^RESIDENT pro tempore. Senators who are in fq,y.cw -take the oath of office.
The PRESIDENT pro tempore. The Senator elect will pre
canea, answer
° f the r^-h-itioii lriitlm
~
y e a ” and those opposed will answer “ nay.” The roll will be sent himself at the desk and take the oath of office.
Mr.- M a s s e y was escorted to the desk by Mr. N e w l a n d s , and
called.
the oath prescribed by law having been administered to him,
The Secretary proceeded to call the roll.
Mr. JOHNSTON of Alabama (when Mr. B a n k h e a d ’ s name he took his seat in the Senate.
Was called). My colleague [Mr. B a n k h e a d ] is necessarily ab
MANUFACTURE OF COTTON GOODS ( H . DOC. NO. 8 7 2 ) .
sent. He is paired with the Senator from West Virginia [Mr.
The PRESIDENT pro tempore laid before the Senate a com
C h il t o n ].
If my colleague were present, he would vote
munication from the Secretary of Commerce and Labor, trans
“ nay ” ; the Senator from West Virginia would vote “ yea.”
Mr. RICHARDSON ( when Mr. du F o n t 's name was called). mitting, pursuant to law, a report by Commercial Agent J. M.
My colleague [Mr. du P o n t ] is absent, indisposed. He has a Ilause containing the result of his investigation of the English
general pair, I understand, with the senior Senator from Texas methods of dyeing, finishing, and marketing of cotton goods,
[Mr. C u lberson ]. I f my colleague were present and voting, he which, with the accompanying paper, was referred to the Com
mittee on Commerce and ordered to be printed.
Would vote “ nay.”
ENROLLED BILLS SIGNED.
The PRESIDENT pro tempore (when Mr. G allin ger ’ s name
Was called). The occupant of the chair is paired with the SenThe PRESIDENT pro tempore announced his signature to
ntor from Arkansas [Mr. D a v is ]. He transfers that pair to the following enrolled bills, which had heretofore been signed
the Senator from Idaho [Mr. H e y b u r n ], and votes “ nay.” by the Speaker of the House of Representatives:
The Chair has been requested by the Senator from Idaho to
S. 23. An act to authorize the extension of Underwood
state that if he had the privilege of voting, he would vote
Street N W .;
“ nay,” and that the Senator from Arkansas would vote “ yea.”
S. 5271. An act to confer concurrent jurisdiction on the police
The Senator from Idaho is detained from the Senate by serious court of the District of Columbia in certain cases;
illness, and he requested that this statement be made.
H. R. 17937. An act authorizing tfie Secretary of War to pay
Mr. GAMBLE (when his name was called). Mr. President, a cash reward for -suggestions submitted by employees of cer
during my recent absence from the city a pair was arranged be tain establishments of the Ordnance Department for improve
tween the senior Senator from Oklahoma [Mr. O w en ] and my ments or economy in manufacturing processes or plant; and
self. I do not regard it as binding in this particular case. I
H. R. 20684. An act providing for the sale of the Lemhi School
km, however, anxious to protect him, and I transfer that pair to
the junior Senator from Wyoming [Mr. W arren ] and vote. I and Agency plant and lands on the former Lemhi Reservation,
in the State of Idaho.
Vote “ nay.”
8088
CONGRESSIONAL RECORD— SENATE.
PETITIONS AND MEMORIALS.
Mr. CRANE' presented the petition of Rev. F. W. Hazen,
of Falmouth, Mass., and the petition of Rev. H. L. Kilborn, of
Kingsborn, Mass., 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. SANDERS presented a petition of the National AntiThird Term League, praying for the enactment of legislation
submitting to the legislatures of the States a joint resolution
prohibiting the election to the office of President or Vice Presi
dent of the same person for more than two terms of four years
each and eight years in all, and remonstrating against the pro
posed single term of six years, which was ordered to lie on the
table.
Mr. PENROSE presented a memorial of members of the
Lithuanian Societies of Wilkes-Barre, Pa., remonstrating against
the enactment of legislation to further restrict immigration,
which was ordered to lie on the table.
h
REPORTS OF COMMITTEES.
4 1
Mr. BROWN, from the Committee on Patents, to which was
referred the bill (S. 0896) to reopen and extend certain letters
patent granted to Richard B. Painton; to insert certain claims
in said letters patent dated May 9, 1899, reported it without
amendment and submitted a report (No. 905) thereon.
He also, from the same committee, to which was referred the
bill (H. R. 24224) to amend sections 5, 11, and 25 of an act en
titled “An act to amend and consolidate the acts respecting
copyrights,” approved March 4, 1909, reported it without amend
ment and submitted a report (No. 906) thereon.
Mr. ROOT, from the Committee on the Library, to which was
referred the joint resolution (S. J. Res. 95) providing for a
monument to commemorate the services and sacrifices of the
women of the country to the cause of the Union during the
Civil War, reported it with amendments and submitted a re
port (No. 90S) thereon.
Mr. WILLIAMS, from the Committee on Military Affairs, to
which was referred the bill (S. 5262) to correct the military
record of Capt. Sylvester G. Parker, reported it with amend
ments and submitted a report (No. 909) thereon.
Mr. BRISTOW, from the Committee on Military Affairs, to
which was referred the bill (II. R. 174S3) amending section
1998 of the Revised Statutes of the United States, and to
authorize the President in certain cases to mitigate or remit
the loss of rights of citizenship imposed by law upon deserters
from the military or naval service, reported it with amend
ments and submitted a report (No. 910) thereon.
Mr. SANDERS, from the Committee on Military Affairs, to
which were referred the following bills, submitted adverse re
ports thereon, which were agreed to, and the bills were post
poned indefinitely:
S. 1168. A bill for the relief of Christopher C. McCamment
(Rept. No. 911) ; and
S. 1169. A bill for the relief of John Vankirk (Rept. No. 912).
Mr. SUTHERLAND. I submit the report of the Commission
to Investigate the Title of the United States to Lands in the
District of Columbia. I ask that the report (No. 907) be
printed and that it bo referred to the Committee on Public
Buildings and Grounds.
The PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. CRAWFORD, from the Committee on Claims, to wdiich
was referred the bill (H. R. 24121) to pay certain employees of
the Government for injuries received while in the discharge of
their duties, and other claims, reported it with amendments
and submitted a report (No. 913) thereon.
Mr. OY ERMAN. from the Committee on Claims, to which
was referred the Dill (II. R. 7672) for the relief of Mary J.
Manning, reported it without amendment and submitted a re
port (No. 914) thereon.
lie also, from the same committee, to which was referred the
bill (S. 259) for the relief of the First National Bank of Cot
tonwood, Idaho, reported adversely thereon, and the bill was
postponed indefinitely.
BILLS INTRODUCED.
J
u l y
1 3 ,
By Mr. BANKHEAD:
A bill (S. 7269) for the relief of the Mobile Marine Dock Co.;
to the Committee on Claims.
By Mr. SHIVELY :
A bill (S. 7270) granting an increase of pension to George W.
Jones;
A bill (S. 7271) granting an increase of pension to William
White; and
A bill (S. 7272) granting an increase of pension to Joseph
Troyer; to the Committee on Pensions.
By Mr. SMITH of Arizona :
A bill (S. 7273) opening certain lands in the Colorado River
Indian Reservation in Arizona to settlement under the provi
sions of the Carey A ct; to the Committee on Indian Affairs.
By Mr. SANDERS:
A bill (S. 7274) to amend an act entitled “An act to limit
the effect of the regulations of commerce between the several
States and with foreign countries in certain cases,” approved
August 8, 1890; to the Committee on Interstate Commerce.
By Mr. BOURNE:
A bill (S. 7275) for the relief of Mary J. McLaughlin; to the
Committee on Military Affairs.
A bill (S. 7276) granting an increase of pension to Martha
Dye (with accompanying paper) ; to the Committee on Pensions.
By Mr. SMITH of Maryland:
A bill (S. 7277) for the relief of the estate of George Lloyd
Raley; to the Committee on Claims.
A bill (S. 7278) providing that the pay of officers of the Navy
commence from the date they take rank as stated in their com
missions; to the Committee on Naval Affairs.
By Mr. PENROSE:
A bill (S. 7279) granting an increase of pension to Henry M.
Palm,; to the Committee on Pensions.
AMENDMENTS TO APPROPRIATION BILLS.
Mr BAILEY submitted an amendment proposing to appro
priate $25 000 to construct and maintain a fish-cultural station
in Uvalde County, Tex., intended to be proposed by him to the
sundry civil appropriation bill (U R. 2o0o9), which was re
ferred to the Committee on Appropriations and oideiod to be
printed.
,
.
_ . .
Mr. STEPHENSON submitted an amendment authorizing the
Secretary of the Treasury to adjust the accounts of the clerks
of the United States courts for the western district of Wiscon
sin etc, intended to be proposed by him to the general defi
ciency appropriation bill (II. R. 25970), which was ordered to
be printed, and, with the accompanying paper, referred to the
Committee on Appropriations.
OMNIBUS CLAIMS BILL.
Mr PENROSE submitted an amendment intended to be pro
posed by him to the bill (H It. 19115) making appropriation
for payment of certain claims in accordance with the findings
of the Court of Claims, reported under the provisions of the
acts approved March 3, 1883, and March 3, 1887, and commonly
known as the Bowman and Tucker Acts, which was ordered to
lie on the table and be printed.
DONATION OF CANNON.
Mr. PERKINS submitted an amendment intended to be pro
posed by him to the bill (H. It. 24458) authorizing the Secre
tary of War, in his discretion, to deliver to certain cities and
towns condemned bronze or brass cannon, with their carriages
and outfit of cannon balls, etc., which was referred to the
Committee on Military Affairs and ordered to be printed.
ESTATE OF WILLARD WARNER, DECEASED.
Mr. SANDERS submitted the following resolution (S. Res.
354), which was read and referred to the Committee on Privi
leges and Elections:
Resolved, That the Secretary of the Senate he. and he hereby is,
authorized and directed to pay to the estate of Willard Warner, de
ceased, formerly a Senator from the State of Alabama, the sum of
S6 543.38, due him as a Senator of the United States in the Fortieth
Congress, from the 4th of March, 1867, to June 24, 1868, to be paid
from the miscellaneous items of the contingent fund of the Senate.
THE “ TITANIC ” DISASTER.
Mr. SMITH of Michigan submitted the following resolution
(S. Res. 355), which was read and referred to the Committee
on Printing:
Bills were introduced, read the first time, and, by unanimous
Resolved, That 500 additional copies of Senate Document No. 726,
consent, the second time, and referred as follows:
Sixty-second Congress, second session, be printed for the use of the
By Mr. RAYNER:
Senate folding room.
A bill (S. 7266) for the relief of Mary E. E. Cheseldine (with
ADA ANDREWS.
accompanying paper) ; to the Committee on Military Affairs.
Mr. SMITH of Michigan submitted the following resolution
A bill (S. 7267) waiving the age limit for admission to the
Pay Corps of the United States Navy in the case of Evan Urner (S. Res. 356), which was read and referred to the Committee
on Printing:
Rinehart; to the Committee on Naval Affairs.
Resolved
additional copies
Document
A bill (S. 7268) for the relief of the estate of Thomas Loker, Sixty-second That 18,000second session, be of Senate for the useNo. 806,
Congress,
printed
of the
deceased; to the Committee on Claims.
Senate folding room.
1912.
CONGRESSIONAL RECORD— SENATE.
MESSAGE FROM THE HOUSE.
A message from the House of Representatives, by J. C. South,
its Chief Clerk, announced that the House had passed the bill
(S. 7013) to provide American registry for the steamer D a m a r a .
The message also announced that the House had passed the
following bills, in which it requested the concurrence of the
Senate:
H. R. 606. An act for the relief of John Treffeisen ;
H. R. 5135. An act for the relief o f John J. T roxell;
H. R. 5763. An act for the relief of William K. Harvey, alias
William K. Hall;
H. R. 11627. An act to correct the military record of Barkley
S. Denison;
H. R. 20339. An act for the relief of Joseph W. McCall;
H. R. 20362. An act granting a pension to Catherine Wise;
H. R. 21315. An act for the relief of Robert R oss;
H. R. 21524. An act for the relief of Frederick II. F erris;
H. II. 22591. An act to amend an act entitled “An act to codify,
revise, and amend the laws relating to the judiciary,” approved
March 3, 1911;
H. It. 25598. An act granting a pension to Cornelia Bragg;
and
H. It. 25713. An act granting pensions and increase of pen
sions to certain soldiers and sailors o f the Regular Army and
Navy, and certain soldiers and sailors of wars other than the
Civil War, and to widows and dependent relatives o f such sol
diers and sailors.
The message further announced that the House had passed
the following resolution (H. Res. 628) :
Revolved, That a message be sent to the Senate to inform them that
this House has impeached, for high crimes and misdemeanors, Robert
W . Archbald, circuit judge of the United States and designated as a
judge of the United States Commerce Court, and that the House
adopted articles of impeachment against said Robert W . Archbald,
judge as aforesaid, which the managers on the part of the House have
been directed to carry to the Senate, and that H e n r y D. C l a y t o n , of
A la b a m a ; E d w in Y. W e b b , of North C arolina; J o h n C. F l o yd , of
A rk a n sas: J o h n W . D a v i s , of W est V irgin ia; J o h n A. S t e r l in g , of
Illinoi3 ; P a u l H o w l a n d , of O hio; and G eorge W . N o r r is , of Nebraska,
Members of this House, have been appointed such managers.
IM PEACHMENT OF ROBERT W . ARCHBALD.
Mr. BACON. Mr. President, I now submit to the Senate an
order, which I ask the Senate to make, and for which I ask
present consideration.
The PRESIDENT pro tempore (Mr. G a l l i n g e r ) . The Sena
tor from Georgia submits an order, for which he asks present
consideration. The order will be read.
The Secretary read as follow s:
Ordered, That the Secretary inform the House of Representatives that
the Senate is ready to receive the managers appointed by the House for
the purpose of exhibiting articles of impeachment aga'inst Robert W.
Archbald, circuit judge of the United States and designated as a judge
of the United States Commerce Court, agreeably to the notice com
municated to the Senate.
The PRESIDENT pro tempore. Is there objection to the
present consideration of the order? The Chair hears.none, and,
without objection, the order is agreed to.
THE PANAM A CANAL.
Mr. BRANDEGEE. I move that the Senate proceed to the
consideration of House bill 21969, known as the Panama Canal
bill.
The PRESIDENT pro tempore. The question is on the motion
of the Senator from Connecticut. The bill will be stated by its
title.
Mr. McCUMBER, Mr. SIMMONS, and Mr. REED addressed
the Chair.
The PRESIDENT pro tempore. The Chair will suggest that
the motion is not debatable.
Mr. McCUMBER. I rise to a parliamentary question, as to
whether or not that motion makes the Panama Canal bill the
unfinished business.
The PRESIDENT pro tempore. It will if the motion is
agreed to.
iMr. McCUMBER. Mr. President, I object.
The PRESIDENT pro tempore. The Senator from North
Dakota can not object. The question is upon the motion.
Mr. REED. I ask for a roll call on the motion.
Mr. SIMMONS. Mr. President, I desire to make a parlia
mentary inquiry.
The PRESIDENT pro tempore The Senator will state his
inquiry.
Mr. SIMMONS. Is it in order to move to substitute another
bill for the bill named by the Senator from Connecticut?
The PRESIDENT pro tempore. It is not under the jules of
the Senate.
\
Mr. SIMMONS. Mr. President, it is my desire to substitute
for the bill moved by the Senator from Connecticut, the
8989
tariff bill; an dv I hope the motion to take up the Panama •
so
Canal bill will be voted down.
The PRESIDENT pro tempore. The question is on the mo- '
t i o n made by the Senator from Connecticut [Mr. B r a n d e g e e ]
that the Senate proceed to the consideration of House bill 21969,
known as the Panama Canal bill.
Mr. SIMMONS. I ask for the yeas and nays on the motion. A
The yeas and nays were ordered, and the Secretary proceeded
Tio call the roll.
.-r
CHAMBERLAIN (when his name was called). I have
a pair witU^lha junior Senator from Pennsylvania [Mr. O l i v e r ] .
I I
L
f
i
f
t
y
jg g g p P
Mr. CULBERSON ( wKra'Tii^'li'affie'was called). I have a
general pair with the Senator from Delaware [M r. d u P o n t ].
In his absence I withhold my vote. If I were at liberty to
vote, I should vote “ nay.”
Mr. CULLOM (when his name was called). I have a gen
eral pair with the junior Senator from West Virginia [Mr.
C h il t o n ].
I therefore withhold my vote.
Mr. FOSTER (when his name was called). I have a gen
eral pair with the Senator from Wyoming [Mr. W a r r e n ] , who
is absent. I therefore withhold my vote.
Mr. MYERS (when his name was called). I have a pair
with the Senator from Connecticut [Mr. M c L e a n ] . O n this
question the pair holds good. Therefore I refrain from vot
ing. If at liberty to vote, I should vote “ nay.”
Mr. BROWN (after having voted in the affirmative and when
Mr. O w e n ’ s name was called). I have a general pair with the
Senator from Oklahoma [Mr. O w e n ] , He is absent from the
Senate Chamber, and I therefore withdraw my vote.
The roll call was concluded.
Mr. CURTIS (after having voted in the affirmative). I am
paired with the junior Senator from Arkansas [Mr. D a v i s ] , and
therefore withdraw my vote.
Mr. BAILEY. I did not answer to my name when it was
called because I was not certain whether the Senator from
Montana [Mr. D i x o n ] , with whom I have a pair, was in the
Chamber. I desire now to inquire whether or not he has voted.
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. BAILEY. Then, I withhold my vote.
Mr. JOHNSTON of Alabama. My colleague [Mr. B a n k h e a d ]
is necessarily absent. He is paired with the Senator from
Idaho [Mr. H e y b u r n ] .
Mr. BRADLEY (after having voted in the affirmative). I
voted without observing the absence of the Senator from Mary
land [Mr. E ayner], with whom I have a pair. I therefore
withdraw my vote.
Mr. CLARK of Wyoming. I desire to announce the necessary
absence of my colleague [Mr. W a r r e n ] because of serious ill
ness in liis family. He lias a general pair with the Senator
from Louisiana [Mr. F o s t e r ] .
Mr. MYERS. I rise to inquire if the Senator from Florida
[Mr. F l e t c h e r ] is recorded as having voted?
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. MYERS. Then, I transfer my pair with the Senator from
Connecticut [Mr. M cL e a n ] to the Senator from Florida [M r.
F l e t c h e r ] and will vote.
I vote “ nay.”
Mr.‘ WATSON. I desire to announce that my colleague [Mr.
C h i l t o n ] is absejiL.. £rona--t4m -Chamber on account of personal
illness. He M, Tiowever, paired with the ’Senator from Illinois
[ M il f ^ L i .o M ] .
The result was announced—yeas 40, nays 34, as follow s:
Ashurst
Bacon
Bryan
Chamberlain
Clarke, Ark.
Gardner
Gore
Hitchcock
Johnson. Me.
Y E A S — 40.
Kenyon *
La Follette
Lippitt
Longe
Nelson
Oliver
Page
Penrose
Perkins
Poindexter
N A Y S — 34.
Overman
Johnston, Ala.
Paynter
Kern
Pomerene
Lea
Reed
McCumber
Shively
Martin, Va.
Simmons
Martine, N. J.
Smith, Ariz.
Myers
. Smith, Ga.
Newlands
O’Gorman
Smith, Md.
Bailey
Bankhead
Bradley '
Brown
Chilton
NOT V O T IN G — 20.
du Pont
Culberson
Fletcher
Cullom
Foster
Curtis
Heyburn
Davis
Massey
Dixon
Borah
Bourne
Brandegee
Briggs
Bristow
Burnham
Burton
Catron
Clapp
Clark, W yo.
Crane
Crawford
Cummins
Dillingham
Fall
Gallinger
Gamble
Gronna
Gutrarenheim
Jones
Richardson
Root
Sanders
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Wetmore
W orks
Smith, S. C.
Stone
Swanson
Thornton
Tillman
W atson
W illiam s
McLean
Owen
Percy
Rayner
Warren
8990
f
CONGRESSIONAL RECORD— SENATE.
might make an informal communication to the committee in
order to give it information which might be o f service to it in
its deliberations on the question as to what it would recommend
to the Senate. But it seems to me the communication -of that
information to the Senate is an altogether different matter.
I do not think it ought to come to the Senate by indirection!
It seems to me that while it might be free from criticism if i{
were limited to a communication to a committee, it would not be
free from criticism if it were a communication intended to
reach the Senate. This method does bring to the Senate and
puts the Senate upon official notice o f a very grave matter, a
grave international matter, which it seems to me should come to
the Senate in another way.
Mr. BRANDEGEE. O f course, the Secretary o f State is not
responsible for the way in which this matter has come to the
Senate.
Mr. BACON. I understand that.
Mr. BRANDEGEE. I did not offer it to the Senate because
the Secretary had requested me to do so. I asked that it might
be printed in the R ecord because the committee to which it was
sent had already reported the bill, and I thought the informa
tion contained in the correspondence would be o f some interest
to the Senate. Therefore I asked unanimous consent that it be
inserted in the R ecord, as I have understood that communica
tions from the departments concerning all matters o f legislation
D e p a r t m e n t op S tate ,
,
„ ...
Washington. July 12, 1912.
are almost daily inserted in the R ecord.
The lion. F ra n k B. B randegee ,
u
If any Senator objects to its being printed in the R ecord, I
Chairman Committee on Interoceanic Canals.
have done what I thought was my d u ty ; and it will go out on
United States Senate.
S ir : I have the honor to bring to the knowledge of your committee a single objection if it is not proper.
the fact that a communication dated the 8th instant, just received from
Mr. BACON. I am not going to object; but I was unwilling
the British chargd d’affaires, indicates that the attention of the British
Government having been called to various proposals from lime to time that the matter should pass in that way and grow into what
made for the relieving of American shipping from the payment of tolls might be considered a precedent for the future as to the man
on vessels passing through the Panama Canal, that Government has ner in which the Senate should be informed o f grave interna
studied carefully those proposals and the arguments in support of
tional matters. I disclaim any purpose to criticize the Secre
them, with a view to the bearing thereon of'the provisions of the treaty
tary, because the Senator himself says the Secretary did not
between the United States and Great Britain of November 18 1901
The communication sums up the proposals mentioned as (1) one to ex send the matter to the committee for the purpose o f its being
empt all American shipping from tolls, (2) one to refund to all Amer
ican ships tolls which they might pay, (3) one to exempt from the pay submitted to the Senate.
Therefore I am not criticizing the Secretary in the matter.
ment of tolls American ships engaged in the coastwise trade, and (4)
one to repay to the last-named class of American ships tolls which they But I think the practice, if it should be followed hereafter,
might pay.
would be a very objectionable one. For that reason I wanted
The communication indicates it to be the opinion of His Britannic
Majesty’s Government that to exempt all American shipping from the to voice this much of a criticism, if such it may be termed, of
payment of tolls would involve an infraction of the treaty, and indi bringing to the attention o f the Senate a matter o f very grave
cates further the opinion that there would be no difference in principle international importance except in the most formal way that
between charging tolls only thereafter to refund them and remitting
such tolls altogether.
The opinion is expressed that the method of the Constitution contemplates such matters shall be brought to
charging but refunding tolls, while perhaps complying with the letter the attention o f the Senate.
of the treaty, would still contravene its spirit.
The communication
Mr. SIMMONS. Mr. President, having been a member o f the
admits that there is nothing in the Hay-Pauncefote treaty to prevent
the United States from subsidizing its shipping, but claims that there Committee on Interoceanic Canals ever since I came to the
is a great distinction between a general subsidy either to shipping at
Senate, I desire to make an inquiry o f the chairman o f that
large or to shipping engaged in any given trade and a subsidy calcu committee with reference to his purpose as to taking up the
lated particularly with reference to the amount of use of the canal by
canal bill for actual discussion by the Senate. Is it his purpose
the subsidized lines or vessels. Such a subsidy, if granted, would not,
in the opinion of Ilis Britannic Majesty’s Government, be in accord to press the matter on Monday, or to defer it to a later date?
ance with the obligations of the treaty.
Mr. B R AN D EG EE . Owing to the fact that it is now in the
With respect to the proposal that exemption shall be given to vessels
position of the unfinished business, I suppose it will automat
engaged in the coastwise trade, the communication states that it may
be that no objection could bo taken if the trade should be so regulated
ically come up each day, two hours after the convening o f the
as to make it certain that only bona fide coastwise traffic, which is re Senate. I f any Senator is then ready to proceed with it, it will
served for American vessels, would be benefited by this exemption ; but
that it appears to Ilis Britannic Majesty’s Government that it would be held there, unless it is displaced by appropriation bills or
be impossible to frame regulations which would prevent the exemption
other privileged matter.
from resulting in a preference to American shipping and consequently
Mr. SIMMONS. Then it is the purpose o f the Senator to
in an infraction of the treaty. I have the honor to be, sir,
ask the Senate to proceed to its actual consideration on Monday?
Your obedient servant,
Mr. BRANDEGEE. Y e s; that is my purpose, unless it is dis
T. C. K n o x .
Mr. BACON subsequently sa id : While the Senator from Con placed. The bill should be read. I think there will be no great
necticut [Mr. B randegee] is on the floor I should like to make hurry about its final disposition; but I think we ought at least
an inquiry o f him. There was so much noise at the time that to start with it. I think very early in the reading of the bill
I really could not hear anything that was said. I desire to there will be discovered something that will furnish all the de
know what was the paper that the Senator had put in the bate necessary to occupy whatever time the Senate has to de
R ecord.
vote to it.
Mr. SIMMONS. I had hoped that the Senator would not de
Mr. BRANDEGEE. The document I asked to have printed
sire to press the canal bill on Monday and Tuesday, but that
in the R ecord was a communication from the Secretary of State
giving the views o f the State Department as to the contentions we might take the wool bill at that time and dispose o f it.
S everal S enators . Oh, no.
o f the British foreign office concerning the right o f the Amer
ican Government to exempt its vessels from tolls in the Panama
ALLOTTEES O THE FIVE CIVILIZED TRIBES.
F
Canal. I thought it would be convenient for Senators to have
The PRESIDENT pro tempore laid before the Senate the
it in the R ecord, and I therefore asked to have it inserted in amendments of the House o f Representatives to. the bill (S.
the R ecord.
4948) to amend an act approved May 27, 1908, entitled “ An
Mr. BACON. I may be mistaken, Mr. President, but I do act for the removal o f restrictions from part of the lands of
not think that is the usual way in which the Senate is informed allottees of the Five Civilized Tribes, and for other purposes,”
as to the attitude o f foreign nations upon diplomatic questions which were to strike out all after the enacting clause and insert:
which may arise.
That conveyances of inherited allotments by full-blood Indian heirs
Mr. BRANDEGEE. I do not think it is, Mr. President, and members of the Five Civilized Tribes in Oklahoma made subsequent to
it was not so intended. The communication was addressed by May 27, 1908, in cases of allottees dying prior to May 27, 1908, shall
27,
the Secretary o f State to the chairman o f the Committee on have the same effect as if the allottee had died subsequent to May the
1908, and shall not require the approval of the Secretary of
Interoceanic Canals for the information o f the committee. I Interior; and to amend the title so as to read : “ An act relating to in
thought it might also interest other Senators, and therefore I herited estates in the Five Civilized Tribes in Oklahoma.”
asked that it be inserted in the R ecord.
Mr. GORE. I move that the Senate concur in the substitute
Mr. BACON. I think this is a matter of some little impor amendment o f the House o f Representatives, with certain
tance. I can very well understand that the Secretary o f State amendments, which I shall offer. I send one to the desk.
8o Mr. B randegee’ s motion was agreed to ; and the Senate,
as in Committee of tlie Whole, proceeded to consider the bill
(H. It. 21969) to provide for the opening, maintenance, protec
tion, and operation o f the Panama Canal, and the sanitation
and government of the Canal Zone, which had been reported
from the Committee on Interoceanic Canals with amendments.
Mr. BRAND EG EE. Mr. President, I had intended to ask
that the bill be read this afternoon and then laid aside, but I
find quite a disposition among Senators to hold an executive
session, which is said to be necessary, and therefore I ask unani
mous consent that the unfinished business may be temporarily
laid aside.
The PRESIDENT pro tempore. The Senator from Connecti
cut asks unanimous consent that the unfinished business be
temporarily laid aside. Is there objection? The Chair hears
none, and that order is made.
Mr. BRANDEGEE. I ask unanimous consent to have inserted
in the R ecord, without reading, a communication from the
Secretary of State transmitting a r6sum6 o f a note received
from the British Government in relation to the Panama Canal
tolls.
The PRESIDENT pro tempore. Is there objection? The
Chair hears none, and it is so ordered.
The communication is as follow s:
■
J uly 13.
1912.
CONGRESSIONAL RECORD— SENATE
Mr. 'VYORKS. Mr. President-----The PR E SID E N T pro tempore. Does the Senator from
Washington yield to the Senator from California?
Mr. JONES. Certainly.
Mr. W O RK S. I should like to ask the Senator from W ash
ington if he knew, either by anything that w as said by the
President or otherwise, whether the President was for or
against Mr. Lorimer at that time?
Mr. JONES. I did not. The President did not indicate to me
what his views were or as to whether he had any views.
Mr. W O RK S. And the Senator had no knowledge from any
other source?
Mr. JONES. I did not.
Mr. W ORKS. According to the statement o f the President
himself, he was trying to “ line up ” Senators, and they, in their
innocence, w ere not aware o f it.
Mr. BA ILE Y . But he did line up all with whom he talked,
his way.
Mr. JONES. I desire to suggest that possibly the President
may Rave gone farther with some than he did with me, because
I have stated all that occurred with reference to my conversa
tion vrtth him in regard to this matter.
I desire simply to say further, Mr. President, that when this
resolution was first presented I felt like voting for it ; in fact,
I said to some Members o f the Senate that I expected to vote
for i t ; but, on reflection, I am inclined to think that the best
course for the Senate and for Senators to take is to show by
their action that they do not propose to be influenced by at
tempts o f the Executive to influence them in any o f these mat
ters ; that it will not impress the country with our opposition
to Executive interference by simply passing a resolution con
demning the President fo r trying to influence u s; but, if by
our action as Senators and as a Senate w e show to the country
that we are not influenced by Executive interference, there w ill
not be very much Executive intex-ference or attempts at inter
ference upon the part o f the Executive.
Mr. BA ILEY . W ill the Senator permit me to say that it is
not enough for a man to show by his conduct that he is not
improperly influenced? He owes it to his self-respect to say
that he resents every effort to im pioperly influence him. Our
courts would fall into universal contempt if our judges would
allow men to com e to their chambers in an effort to influence
their judgments without regard to the law or the evidence,
and then throw their cloaks about them and say, “ I did not
send the man to jail, although he insulted me and offered me
a bribe; but I showed him that I was above it.” That is not
sufficient.
Mr. JONES. I desire to say to the Senator from Texas that
if I had thought the President o f the United States had tried
to influence me either for or against Senator Lorimer, I would
have resented i t ; but I did not then, and I do not now, consider
that he tried to do so, unless possibly the matter is viewed in
connection with the letter which the Senator has read, because,
as I have stated to the Senator from California, I did not know
What the views o f the President were in regard to the case and
he did not indicate them to me one way or the other. He did
hot ask me for my views or anything o f the sort, but simply, as
I was going out, suggested that I look into the matter very
carefully.
I w ill say, in line with some suggestion, I think, made by
the Senator from Idaho, that there was an impression at the
time the committee made its report— the report being very
hearly unanimous— that the Senate might pass upon the matter
without any particular discussion. I remember hearing it said
that it was the usual custom o f the Senate in election cases o f
this kind, where the report was unanimous, as a matter of
course to accept the report, and while this report was not unani
mous, it w as so nearly so that some suggested that it might
Pass in the same way. I am not so sure but that possibly the
President had heard something o f that sort, and that he prob
ably thought it was a matter o f so much importance that the
Senate ought not to pass upon it in that way.
While, o f coui’se, he ought to assume that we would do our
yhfy, yet I did not consider it improper for the President, in an
important matter o f that kind, simply to express the hope that
We look into the matter very carefully.
Mr. BA ILEY. Well, the Senator’s excuse for the President
makes it apparent that the President was trying to influence the
action o f the Senate in a matter committed exclusively to the
Senate.
Mr. JONES. I did not say that the President was acting
fi’om those motives. I say, while that is possibly the reason he
made the suggestion to me-----Mr. BA ILEY. H e said so in his speech.
n
Mr. JONES. As I have said, I condemned the President in
my speech the other day because o f the statement made in that
letter, and I have no excuse for the President acting along the
line suggested in that letter.
Mr. BA ILEY . Does the Senator believe that the Senate o f the
United States, with this letter o f the President before it in the
most form al way, because the President not only used it iu a
public speech, but the Senate itself has made that speech a
public document— yet with all o f this in its archives showing
that the President not only sent for Senators and tried to talk
to Senators about this matter, but that he also wrote a letter in
which he said he was trying to “ line up ” Senators; that he
wanted to win ” ; and that he was afraid the Senate would not
do its duty with reference to the repoi-t— with that kind o f
inform ation a part o f the records o f the Senate, does the Senator
think the Senate o f the United States can preserve the respect
o f the people and pass it sub silentio?
Mr. JONES. As I have stated, I should vote for the resolu
tion as originally introduced by the Senator from Texas, but as
modified I am not inclined to support it.
Mr. BA ILEY . I think the Senator is right, because we have
nowhere in our records, whatever we may have floating through
the air and in our minds as rumors, any p roof that the Presi
dent has ever attempted to interfere with the functions o f the
Senate except in this particular case, and I am absolutely cer
tain we ought to confine it to this particular case.
But I yielded because I thought it was so vital that the Sen
ate declare its resentment against Executive influence that I
yielded in the hope that we might get a practically unanimous
vote. However, I want to say to the Republican stalwarts or
the Republican regulars, as the President calls them, that if
they are not willing to do that, then we w ill see if we can xiot
pass the resolution as originally introduced.
Mr. JONES. Mr. President, as I said before, I w ould much
rather vote for the resolution as originally proposed than w ith
the amendments which have been suggested. I am firmly o f
the opinion that really the best w ay for us to assert ourselves
in this matter is 1 0 show not only as individual Senators, but as
a Senate, that w e are not going to allow Executive interference,
rather than by passing resolutions and then going on just as we
have been doing in the past.
Mr. W ORKS. Mr. President, I am in favor o f the pending
resolution because it declares a correct and vital principle. It
does not matter very much to me whether it reflects upon some
body or not, because if it does so it can only reflect upon the
President, because he has violated that principle.
Senators whose names have been mentioned in connection
with this matter say unqualifiedly that they have not been
influenced; that they did not even realize that the President
was attempting to influence their action; but the Px-esident
must be judged by what he himself has said. His letter shows
exactly what his purpose was. H e says in so many words that
he was attempting to line up the Senatox-s, the Members o f this
body, against Mr. Lorimer, and that he was attemptixxg by that
rneaxxs to win.
Now why should we hesitate with respect to this matter ixi
passing this resolution because it xnay reflect upon the Presi
dent when we consider what he himself has said with respect
to it? This is an extreme case just because it was not ordinary
legislation. It was a matter which was within the exclusive
jurisdiction o f the Senate, a matter over which the President
had no control, with which he had no right to deal in any w ay
whatevei*.
Therefore when we reach that point in the administration o f
the affairs o f this' Govex-nxnent whex-e the President o f the
United States opexxly confesses that he has attempted to influ
ence the Senate o f't h e United States with respect to a vital
matter o f that kind, I think it is about time the Senate should
take action if it does anxoxxnt to a rebuke o f the President o f the
United States.
Mr CUMMINS. I move to amend the resolution by striking
out tixe words “ within the exclusive jurisdiction o f the Senate ”
and inserting “ relating solely to the duties o f Senators.”
The P R E SID EN T pro tempore. The amendment proposed by
the Senator from Iowa will be stated.
The S ecretary . It is proposed to strike out the words
“ within the exclusive jurisdiction of the Senate,” and in lieu
thereof to insert “ relating solely to the duties o f Senators.”
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Iowa. [Puttixxg the question.] The Chair is In doubt. The Chair w ill
again put the question.
Mr. BAILEY. Let the amendment be again reported.
The PRE SID EN T pro tempore. The amendment w ill again
be stated.
CONGRESSIONAL RECORD— SENATE.
The Secretary . It is proposed to strike out the
ithin the exclusive jurisdiction o f the Senate” and in lieu
Thereof to insert “ relating solely to the duties o f Senators,’
that if amended the resolution will read:
J uly 16,
-yeas 35, nays 23, as follow s
The result was announced—
,$ S ? w
Ashurst
Bacon
. Bailey
Bourne
Bryan
purpose of controlling the vote of any Senator upon a question in Chamberlain
volving the right to a seat in the Senate or any other matter relating Clapp
solely to the duties of Senators would violate the spirit, if not the letter,
Culberson
of the Constitution, and invade the rights of the Senate.
Fall
YEAS— 35.
Newlands
Fletcher
O’Gorman
Gallinger
Overman
Gardner
Percy
Hitchcock
Pomerene
Johnson, Me.
Reed
Johnston, Ala.
McCumber
Shively
Simmons
Martin, Va.
Smith, Ariz.
Martine, N. J.
NAYS— 23.
McLean
Crawford
Massey
Cummins
Nelson
du Pont
Oliver
Gronna
Page
.Tones
Perkins
Kenyon
NOT VOTING— 36.
Kern
Curtis
La Follette
Davis
Lea
Dillingham
Lippitt
Dixon
Lodge
Foster
Myers
Gamble
Owen
Gore
Paynter
Guggenheim
Penrose
Heyburn
Smith, Ga.
Smith, Md.
Smith, S. C
Stone
Swanson
Thornton
Tillman
Works
TI ie
J!1
'q’uestTon
Root
to Urn Amendment of_Uw> ^ n a t o r from Iowa.
Borali
Smith, Mic
Brandegee
. 'The amendment vfas rejected.
Smoot
Bristow
The P R U D E N T pro tempore. The question is on agr
Sutherland
Burnham
Townsend
Burton
to the resolution o f the Senator from Texas as amended. [
Catron
ting the question.] The Chair is in doubt.
Mr. BURTON. Let us have the yeas and nays.
Poindexter
Bankhead
Mr. TOWNSEND. L qall for the .yeas and.|ffty&.
■ j
Rayner
Bradley
The yeas and nays were ordered, and the Secretary f
Richardson
Briggs
Sanders
Brown
ceeded to call the roll.
Stephenson
Chilton
Mr. CLARKE o f Arkansas (when his name was called),
Warren
Clark, Wyo.
have a pair with the senior Senator from Rhode Island [ i
Watson
Clarke, Ark.
Wetmore
Crane
W etmore ]. I do not see him ill the Chamber, and. therefo
Williams
S. Cullom
withhold my vote.
Mr. CULLOM (when his name was called). I have a general
o Mr. B ailey ’s resolution as amended was agreed to.
pair with the junior Senator from West Virginia [Mr. C h il to n ] ,
HOUR OF MEETING TO-MORROW.
and therefore withhold my vote.
Mr. s5tOtJTt I move that when the Senate adjourns to-day
Mr. MARTINE o f New Jersey (when the name o f Mr. C urtis
was called). I have been requested to announce that the Sen it adjourn to meet to-morrow morning at 11 o’clock.
The motion was agreed to.
ator from Kansas [Mr. C u r t is ] is paired with the Senator from
Arkansas [Mr. D a v is ].
sundry civil appropriation bill .
Mr. SHIVELY (when Mr. K ern ’ s name was called). My
Mr. WARREN. I wish to give notice that I shall ask the
colleague [Mr. K ern ] is unavoidably absent from the Chamber. Senate to take up House bill 250G9, the sundry civil appropria
He is paired with the junior Senator from Tennessee [Mr. tion bill, immediately after the routine business in the morning.
S anders ].
IMPEACHMENT O R BER W. ARCIIBALD.
F O
T
Mr. FAYNTER (when his name was called). Owing to a
Mr. CLARK o f Wyoming. Mr. President, yesterday, in what
general pair which I have with the Senator from Colorado [Mr.
G ugg en heim ], I withhold my vote. I f he w'ere present, I would seemed to be the orderly course o f procedure, I introduced a
resolution providing for the appointment o f a special commit
vote “ yea.”
Mr. OLIVER (when Mr. P enrose ’ s name was called). My tee to which should be referred the message and resolution
colleague [Mr. P enrose ] is absent from the city and is paired from the House o f Representatives in regard to the impeach
with the Senator from Mississippi [Mr. W il l ia m s ]. I f my col ment proceedings. There was no debate upon the subject at
the tim e; it went through evidently without consideration; but
league were present he would vote “ nay.”
Mr. DU PONT (when Mr. R ich ardson ' s name was called). afterwards a difference o f opinion developed in the Chamber,
My colleague [Mr. R ich ardson ] is unavoidably absent from the some thinking that a committee o f that sort was entirely un
city. He is paired with the junior Senator from South Caro necessary and others believing that the time o f appointment
lina [Mr. S m it h ]. I f my colleague were present he would vote was inopportune. Therefore, in order that the matter may be
before the Senate again, I move a reconsideration o f the vote
“ nay.”
Mr. SANDERS (when his name was called). I have a pair by which the resolution was carried.
Mr. SMITH of Georgia. Mr. President, Senators perhaps are
with the junior Senator from Indiana [Mr. K ern ]. I f I w ere
not familiar with the necessity for such a committee, or yes
at liberty, I should vote “ nay.”
Mr. SMITH o f South Carolina (when his name was called). terday did not fully realize the questions that -will come up
I have a general pair with the Senator from Delaware [Mr. from time to time as we go on that ought to be looked after and
R ich ardson ]. I transfer the pair to the Senator from Okla planned and resolutions drawn. It would be a great economy
homa [Mr. Gore ] and will vote. I vote “ yea.”
o f time if this committee should be left in existence. I hope the
Mr. W ARREN (when his name was called). I have a general Senate will retain it.
Mr. ROOT. Mr. President, I wish to join in the hope that
pair w ith the senior Senator from Louisiana [Mr. F oster ],
who is detained from the city. I therefore withhold my vote. the committee may be allowed to stand as originally ordered by
Mr. W ILLIAM S (when his name was called). I have a the Senate.
general pair with the Senator from Pennsylvania [Mr. Pen
The PRESIDENT pro tempore. The question is on the mo
rose].
I f he were here and I were at liberty to vote, I should tion to reconsider the vote by which the Senate yesterday
vote “ yea.”
adopted the resolution submitted by the Senator from Wyoming
The roll call was concluded.
[Mr. Cl a r k ].
Mr. HEYBURN. I have a general pair with the senior Sen
The motion to reconsider was not agreed to.
ator from Alabama [Mr. B a n k h e a d ]. I see he is not present,
TARIFF DUTIES ON W
OOL.
and I therefore withhold my vote. Were I at liberty I would
Mr. SIMMONS. Mr. President, I desire to give notice that
vote “ nay.”
Mr. BRADLEY. I am paired with the senior Senator from to-morrow after the routine morning business, if I can get
recognition from the Chair, I shall move to take up House bill
Maryland [Mr. R a y n e r I and therefore withhold m y vote.
Mr. HITCHCOCK. I desire to announce that my colleague 22195, to reduce the duties on wool and manufactures o f wool.
EXECUTIVE SESSION.
[Mr. B ro w n ] is paired with the senior Senator from Oklahoma
[Mr. O w e n ].
Mr. CULLOM. I move that the Senate proceed to the consid
Mr. M ARTIN o f Virginia. The. Senator from West Virginia eration o f executive business.
[Mr. W at so n ] is paired with the Senator from New Jersey
The motion was agreed to, and the Senate proceeded to the
[Mr. B riggs ]. I f the Senator from West Virginia were present, consideration o f executive business. After seven minutes spent
he would vote “ yea.”
in executive session, the doors were reopened and (at 5 o’clock
Mr. BAILEY. Notwithstanding my pair with the Senator and 12 minutes p. m.) the Senate adjourned until to-morrow,
from Montana [Mr. D ix o n ], I have voted; and I desire the Wednesday, July 17, 1912, at 11 o’clock a. m.
R ecord to show that I did that in accordance with an under
standing with him on this particular question.
NOMINATIONS.
Mr. JONES. I desire to state that my colleague [Mr. P oin
Executive nominations received by the Senate July 16, 1912.
dexter ] is unavoidably detained from the Chamber.
I f he were
U nited S tates M a r s h a l .
presell! I do not know how he would vote on this question.
Secundiuo Romero, o f New Mexico, to be United States mar
Mr. OLIVER. The Senator from Rhode Island [Mr. L ip p it t ]
is unavoidably detained from the Chamber. I f he were present shal for the district o f New Mexico, under the provisions o f secand at liberty to vote he would vote “ nay.” He is paired with , tion 13 o f the act approved June 20, 1910. Mr. Romero’s nomiI nation is to succeed Creighton M. Foraker, resigned.
the senior Senator from Tennessee [Mr. L ea .]
1912
CONGKESSIONAL RECORD— SENATE
The Senate, by unanimous consent, proceeded to consider the
resolution.
The PR E SID E N T pro tempore. The Chair w ill call the
attention' o f the Senator from Michigan to the fact that the
resolution authorizes an expenditure o f money. Is it intended
that it shall be taken from the contingent fund?
Mr. SM ITH o f Michigan. Yes.
The PR E SID E N T pro tempore. The Senate wall act upon the
amendments reported by the Senator from Michigan and then
the resolution w ill necessarily go to the Committee to Audit
and Control the Contingent Expenses o f the Senate.
The
amendments w ill be stated.
The S ecretary . A fter the w ord “ associations ” insert the
wprd “ or.” A fter the w ord “ corporations ” strike out “ or
other interests in ” and insert “ dom iciled in or owing allegiance
to,” and in line 7, to strike out “ and ” and insert “ or,” and in
hue 15, after the w ord “ sit,” to insert “ wherever necessary,”
so as to make the resolution read:
Resolved, That the Committee on Foreign Relations or a subcom
mittee thereof is hereby authorized and directed to inquire, investigate,
ascertain, and report whether any persons, associations, or corporations,
domiciled in or owing allegiance to the United States have heretofore
been or are now engaged in fomenting, inciting, encouraging, or
nnancing rebellion, insurrection, or other flagrant disorder in Cuba or
Mexico against the lawful, organized Governments of those countries.
Resolved further, That said committee or a subcommittee thereof is
hereby empowered to summon witnesses, to send for persons and papers,
to administer oaths, and to take and secure whatever testimony and
evidence may be required to ascertain and report upon the matters
aforesaid; and said committee or a subcommittee thereof is hereby
authorized for the purposes aforesaid to sit wherever necessary and
act as well when Congress is not in session as when in session.
Resolved further, That the said committee is hereby directed to report
the result of its said investigation and inquiry to the Senate during
the first month of the next session of Congress; and the expenses
incurred by such investigation and inquiry shall be paid from the con
tingent fund of the Senate upon vouchers fo be approved by the chair
man of the committee.
The amendments were agreed to.
The PR E SID E N T pro tempore. The resolution w ill be re
ferred to the Committee to A udit and Control the Contingent
Expenses o f the Senate.
BILLS INTRODUCED.
B ills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
B y ME G A R D N E R :
A bill (S. 7317) to provide increased quarantine facilities at
the port o f Portland, M e .; to the Committee on Commerce.
By Mr. M Y E R S :
A bill ( S. 731S) to accept the cession by the State o f Montana
o f exclusive jurisdiction over the lands embraced within the
Glacier National Park, and for other purposes (w ith accompany
ing paper) ; to the Committee on Public Lands.
By Mr. W O R K S :
A bill (S. 7319) to authorize the sale and issuance o f patent
for certain land to II. W. O’M elveny; to the Committee on
Public Lands.
B y Mr. C H A M B E R LA IN :
A bill (S. 7320) granting an increase o f pension to Israel
W ood (w ith accompanying papers) ; and
A bill (S. 7321) granting an increase of pension to Luther
Thompson (with accompanying papers) ; to the Committee on
Pensions.
■
*
By Mr. P E R K IN S :
A bill (S. 7322) for the relief o f the estate of Oliver D.
Greene; and
A bill (S. 7323) for the relief o f Bernard G. Dingier and
others, lately laborers employed by the United States military
authorities under the Quartermaster’ s Department at San Fran
cisco, C a l.; to the Committee on Claims.
By Mr. A S H U R S T :
. A bill (S. 732-1) granting a pension to Adam Lan g; to the
Gommittee on Pensions.
By Mr. G A L L IN G E R :
A bill (S. 7325) for the. extension o f H Street east from
Eighteenth Street north to Oklahoma Avenue (w ith accompany
ing paper) ;
A bill (S. 7326) for the extension o f Maryland Avenue east o f
Fifteenth Street to M Street N E .; and
A bill (S. 7327) for the extension o f Eighteenth Street east
from Benning Road to K Street n orth; to the Committee on the
D istrict o f Columbia.
AMENDMENTS TO SUNDRY CIVIL APPROPRIATION BILL (H. R. 250C9).
Mr. M ARTIN o f Virginia submitted an amendment proposing
to appropriate $39,000 for completing the reestablishment o f
the light and. fog-signal station marking Thimble Shoal, ChesaPeake Bay, Va., etc., intended to be proposed by him to the
sundry civil appropriation bill, which was referred to the Com
mittee on Commerce and ordered to be printed.
9165
Mr. O LIVER submitted an amendment proposing to appro
priate $13,000 for installing mechanical stokers and otherwise
im proving the boiler plant at Frankford Arsenal, Philadelphia,
Pa., intended to be proposed by him to the sundry civil appro
priation bill, which was ordered to lie on the table and be
printed.
HOUSE BILLS REFERRED.
H. R. 56. An act to prohibit interference with commerce
among the States and Territories and with foreign nations, and
to remove obstructions thereto, and to prohibit the transmission
o f certain messages by telegraph, telephone, cable, or other
means o f communication between States and Territories and
foreign nations, w as read twice by its title and referred to the
Committee on the Judiciary.
H. R. 22913. An act to create a department o f labor w as read
tw ice by its title and referred to the Committee on Education
and Labor.
H. R. 25741. An act amending section 3392 o f the Revised
Statutes o f the United States as amended by section 32 o f the
act o f August 5, 1 9 . 0 9 * Mead fwTce by Its title and referred
to the Committee on Finance.
SUNDRY CIVIL APPROPRIATION BILL.
Mr. W ARREN . I move that the Senate proceed to the con
sideration o f the bill (H . R. 25069) making appropriations fo r
sundry civil expenses o f the Government for the fiscal year end
ing June 30, 1913, and fo r other purposes.
Mr. SIMMONS. Mr. President, is it in order to move a sub
stitute for that motion?
The PRE SID EN T pro tempore. It is not in order under the
rules o f the Senate.
Mr. SIMMONS. Then I ask fo r the yeas and nays on the
motion.
The PRE SID E N T pro tempore. The Senator from W yom ing
moves that the. Senate proceed to the considm atioh 1
the
sundry civil approlM atten^rill***^^
the Senator
from North Carolina demands the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. W ETM O RE (when his name w as called). I desire to
ask whether the senior Senator from Arkansas [Mr. C l a r k e ]
has voted?
The PR E SID E N T pro tempore. The Chair is inform ed that
he has not voted.
Mr. WETM ORE. I have a general pair with that Senator,
and, in his absence, withhold my vote.
Mr. W ILLIA M S (when his name was called ). I have a gen
eral pair with the Senator from Pennsylvania [Mr. P enrose ] .
I f he were present, I should vote “ nay.”
The roll call was concluded.
Mr. CULBERSON (after having voted in the negative). A s
my pa ir, the Senator from Delaware [Mr. du P o n t ] h a s not
voted, I withdraw my vote.
Mr. BA ILEY. I again announce my pair with the Senator
from Montana [Mr. D ix o n ], and therefore withhold my vote.
I further desire the R ecord to show that this announcement is
to stand until the Senator from Montana finds it possible to
return to the Senate.
Air. LIP P IT T . I have a general pair w ith the senior Senator
from Tennessee [Mr. L e a ]. I transfer that pair to the ju n ior
Senator from Michigan [Mr. T o w n s e n d ], and w ill vote. I vote
“ yea.”
Mr. HEYBURN. I have a general pair with the senior Sena
tor from Alabama [Mr. B a n k h e a d ], I inquire if he has v o te d ?
The PRE SID EN T pro tempore. The Chair is inform ed that
that Senator has not voted.
Mr. HEYBURN. ■Then I transfer that pair to the senior Sen
ator from South Dakota [Mr. G a m b l e ], and w ill vote. I vote
“ yea.”
Mr. BU RNHAM (after having voted in the affirm ative). I
have a general pair with the junior Senator from M aryland
[Mr. S m i t h ]. A s he has not voted, I w ithdraw my vote.
Mr. W ETM ORE. I have already announced m y pair w ith
the senior Senator from Arkansas [Mr. C l a r k e ], but I transfer
that pair to the Senator from New M exico [Mr. C a t r o n ], and
w ill vote. I vote “ yea.”
Mr. BRAD LEY. I am paired with the senior Senator from
Maryland [Mr. R a y n e r ], and therefore withhold m y vote.
Mr. SHIVELY. I wish to announce that my colleague [Mr.
K e r n ] is unavoidably absent from the city on important busi
ness. He is paired w ith the junior Senator from Tennessee
[Mr. S an d ers ].
Mr. CHAM BERLAIN. I desire to announce for the day that
the Senator from Oklahoma [Mr.. O w e n ] is pair.ed with the
Senator from Nebraska [Mr. B r o w n ].
CONGRESSIONAL RECORD— SENATE
9160
Mr. SMITH o f South Carolina (after having voted in the
negative). When my name was called I inadvertently voted.
I am paired with the junior Senator from Delaware [Mr.
R i c h a r d s o n ] , -but I transfer that pair to the Senator from
Oklahoma [Mr. C ore] and will allow my vote to stand.
Mr. MARTINE o f New Jersey. I desire to announce the pair
o f the Senator from Arkansas [Mr. D a v is ] with the Senator
from Kansas [Mr. C u r t is ]. I make this announcement for the
day.
Mr. BRIGGS (after having voted in the affirmative). I de
sire to inquire if the senior Senator from West Virginia [Mr.
W atson ] has voted?
The PRESIDEN T pro tempore. The Chair is informed that
that Senator, has not
I I
" " 'll , ,
Mr. BRIGGS. I have a general pair with FSfe ag^ior Senator
from West Virginia, but I will transfer that pair to the Senator
from New Mexico [Mr. F a l l ] and allow my vote to stand.
The result was announced—yeas 35, nays 28, as follows:"'-.
Borah
Bourne
Brandegee
Briggs
Bristow
Burton
Clapp
Clark, Wyo.
Crane
Ashurst
Bacon
Bryan
Chamberlain
Fletcher
Gardner
Hitchcock
Bailey
Bankhead
Bradley
Brown
Burnham
Catron
Chilton
Clarke, Ark.
Crawford
Cummins
Dillingham
Gallinger
Gronna
Guggenheim
Ilcyburn
.Tones
Kenyon
Y E A S— 35.
Lippitt
Lodge
AlcCumber
McLean
Massey
Nelson
Oliver
Page
Perkins
N AYS— 28.
Johnson, Ale.
Overman
Johnston, Ala.
Paynter
Martin, Va.
Percy
Afartine, N. J.
Pomerene
Myers
Itced
Newlands
Shively
O’Gorman
Simmons
NOT VOTING— 31.
Culberson
Gamble
Cullom
Gore
Curtis
Kern
Davis
La Follette
Dixon
Lea
du Pont
Owen
Fall
Penrose
Foster
Poindexter
>
Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Warren
Wetmore
Works
Smith, Ariz.
Smith. Ga.
Smith, S. C.
Stone
Swanson
Thornton
Tillman
Rayner
Richardson
Sanders
Smith, Md.
Townsend
Watson
Williams
So-Mr. W arren ’ s motion w as agreed to ; and the Senate, as
J uly 17,
Air. LODGE. There is no question about that.
The PRESIDENT pro tempore. The reading o f the bill will
be proceeded with.
Mr. IIEYBURN. Air. President, I do not understand that
this is one o f the readings required, so that it may be dispensed
with or any other action may be taken in regard to it. The
third reading o f the bill comes after the bill goes into the Sen
ate, and not as in Committee o f the Whole. It has been read
twice in the Senate, and it is entirely within the province of
the Senate-----Air. LODGE. Aly point was that having the bill read for.
mally does not delay it.
Air. HEYBURN. Not at all. I merely want the R ecord to
show that we are not acting umfer a misconception as to the
reading of the bill.
PURCHASE O MONTICELLO.
F
Air. CUAIAIINS. I rise to ask unanimous consent for the
present consideration o f Senate joint resolution 92, which was
before the Senate yesterday morning.
Air. WARREN. Air. President, the Senator is not going
about it in just the right way to ask the unanimous consent of
the Senate to displace the appropriation bill. He should first
ask ipe to yield. So far as I am concerned, if the joint resolu
tion will only take a moment or two and no debate will be
involved, if I have the privilege of doing so, I will yield for
the purpose o f its consideration.
Air. OUAIAIINS. It will take no time, I am sure.
Air. 40D G E . What is the joint resolution?
Air. (|UAIAIINS. Just a moment. I intend to offer a con
current ^resolution to take the place o f the joint resolution,
which will remove every objection that has been or could be
suggested to it, I think. It is a resolution which provides for
the appointment o f five Senators and, if the House o f Repre
sentatives concur, five Alembers o f the House to inquire as to
the wisdom and the cost o f acquiring for the United States the
home of Thomas Jefferson.
T h e/on ly objection made yesterday morning was that the
preamble seemed to commit Congress to the very purpose for
wffiidi the inquiry is sought. In the concurrent resolution
w h te h I shall submit I have omitted the preamble entirely, and
i f it is agreed to I shall move to indefinitely postpone the joint
in Committee of the Whole, proceeded to consider the bill M-esolution.
(II. It. 25069) making appropriations for sundry civil expen
o f the Government for the fiscal year ending June 30, .1013,
and for other purposes, which had been reported fr o m jjj# Com
mittee on Appropriations with amendments.
Mr. STONE. Air. President, I desirej^asstf*a parliamentary
question.
The PRESIDENT pro tempore. The Senator from Alissouri
will state it.
Mr. STONE. I wish to inquire whether the action o f the
Senate in taking up the appropriation bill at this stage w ill
have the effect o f displacing the unfinished business that would
come up at 1 o’clock?
Air. WARREN. It will not.
The PRESIDENT pro tempore. In the opinion o f the Chair,
it does not interfere with the unfinished business, which will
come up automatically at 1 o’clock under the rule.
Mr. WARREN. I ask unanimous consent that the formal
first reading of the bill be dispensed with and that it be read
for amendment, the committee amendments to be first con
sidered.
Air. CUAIAIINS and Air. SIAIAIONS addressed the Chair.
The PRESIDENT pro tempore. The Chair will state the
request. The Senator from Wyoming asks unanimous consent
that the formal reading o f the bill be dispensed with, and that
it be read for amendment, the committee amendments to be
first considered. Is there objection?
Mr. SIAIAIONS. I object.
The PRESIDENT pro tempore. The Senator from North
Carolina objects.
Air. WARREN. The Secretary, then, may proceed with the
reading of the bill.
Air. LODGE. Air. President, a point o f order.
The PRESIDENT pro tempore. The Senator will state it.
Air. LODGE. As the bill will be read formally now, it will
not have to be read again for amendments?
The PRESIDENT pro tempore. The Chair would concur in
that view.
Air. BACON. We on this side could not hear the colloquy,
Air. President.
Air. SIAIAIONS. We could not understand what was said.
Air. LODGE. I said that if the bill was read formally it
would not have to be read again for amendments.
The PRESIDEN T pro tempore. It would not.
The PRESIDENT pro tempore. Does the Senator from Wyo
ming yield to the Senator from Iow a?
Air. WARREN. I can not yield unless the matter can be dis
posed o f without any extended debate, because it is only a short
time until another matter will come up.
Air. CUAIAIINS. I assure the Senator from Wyoming that if
it leads to any considerable debate I will do just as I did yes
terday morning—withdraw it, because I do not intend that it
shall interfere with the progress o f the appropriation bill.
Air. LODGE. Air. President, I was not here yesterday when
this matter came up, but it seems to me that it will necessarily
involve some discussion, for it is apparently a scheme to take
the property of somebody who does not want to sell it, as I
understand. I should like to know a little more about it than
I know now before I enter upon the scheme.
Air. CUAIAIINS. Senators sit here and see resolutions o f
this ‘sort— resolutions o f inquiry— pass daily. Of course, if
there is objection to-day, that is the end of it for the present.
Air. LODGE. I do not object.
Air. CUAIAIINS. But, if there is objection now, I intend to
press it to a conclusion at some other time.
Air. LODGE. I do not object, but there w ill necessarily be
some debate.
Air. CUAIAIINS. Oh, a great deal o f debate if the committee
was called upon to report either way, but no debate, it seems to
me, based simply upon the appointment of a committee to inform
the Senate and the House. There is no objection, I believe,
Air. President.
The PRESIDENT pro tempore. Is there objection?
Air. WARREN. Reserving the right to object, if the concur
rent resolution leads to debate, I do not object.
The PRESIDENT pro tempore. The Chair lays before the
Senate the joint resolution indicated by the Senator from Iowa,
which will be read by title.
The S ecretary . A joint resolution (S. J. Res. 92) providing
for the purchase o f the home o f Thomas Jefferson, at Alonticello, Va.
Air. CUAIMINS. I offer the concurrent resolution which I
send to the desk.
The Secretary read the concurrent resolution (S. Con. Res.
24), as follow s:
Resolved by the Senate ( the House of Representatives concurring)
That the President of the Senate be, and is hereby, authorized to ap-
1912
CONGRESSIONAL RECORD— SENATE
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as fo llo w s :
By Mr. CU LBER SO N :
A bill (S. 7328) granting an increase o f pension to Charlotte
It. Wynne (w ith accompanying paper) ; to the Committee on
Pensions.
By Mr. K EN YO N :
A bill (S. 73297 for the relief o f Job S. B eals; to the Com
mittee on Claims.
A bill (S. 7330) for the relief o f James Boyle, alias James
B la c k ; to the Committee on M ilitary Affairs.
A bill (S. 7331) granting a pension to James M urphy; to the
Committee on Pensions.
By Mr. M ARTIN o f V irg in ia:
A bill (S. 7332) granting a pension to R. H. Catlett (w ith
accompanying paper) ; to the Committee on Pensions.
By Mr. G U G G E N H E IM :
A bill (S. 7333) granting an increase o f pension to George W.
C ook ; to the Committee on Pensions.
By Mr. S H IV E L Y :
A bill (S. 7334) for the relief o f Elijah W atts (w ith accom
panying paper) ; to the Committee on M ilitary Affairs.
By Mr. F L E T C H E R :
A bill (S. 7335) for the relief o f James D. Butler (w ith ac
companying paper) ; to the Committee on Claims.
AMENDMENTS TO SUNDRY CIVIL APPROPRIATION BILL ( it. R. 25069).
9213
provided further, That in the settlement of claims for pay and allow
ances on account of services of commissioned officers in the volunteers
or militia during the Civil War the accounting officers of the Treasury
shall credit as service in the Army of the United States within the
meaning of the Army pay laws all service rendered from date of en
rollment to date of muster as of the grade stated opposite the officer’s
name on the muster r o lls : And provided further, That in cases where
such officer was duly promoted and appointed to fill a vacancy due to
a casualty of the service at any time during the Civil W ar "h is pay
shall be held to commence from the date his predecessor’ s pay ceased,
provided it be shown by the records or other satisfactory evidence that
service was rendered by such officer for which no payment has been
made, or that service was rendered in a higher grade than paid for,
and that such officer was present with his command during the time
for which pay is claimed, or, if absent, that such absence was caused
by disability or capture by the enemy ; all payments made as of any
lower grade to be deducted, and ail laws in conflict herewith are
hereby repealed.”
PUBLICITY O CAMPAIGN CONTRIBUTIONS.
P
Mr. BO RA H submitted an amendment intended to be proposed
by him to the bill (H . R. 23349) providing for publicity o f con
tributions and expenditures for the purpose o f influencing or
securing the nomination o f candidates for the offices o f Presi
dent and Vice President o f the United States, which w as re
ferred to the Committee on the Judiciary and ordered to be
printed.
WITHDRAWAL O PAPERS— JOSEPHUS EWING.
F
On motion o f Mr. G u g g en h e im , it w as
Ordered, That the papers accompanying S. 5297, Sixty-second Con
gress, second session, granting an increase of pension to Josephus
Ewing, be withdrawn from the files of the Senate, no adverse report
having been made thereon.
Mr. CH A M B ERLA IN submitted an amendment proposing to
EO G
WITHDRAWAL OF PAPERS--- G R E MILLHOLLAND.
appropriate $10,000 for additional cost o f the post-office build
On m otion o f Mr. S h iv e l y , it w a s
ing at Albany, Oreg., intended to be proposed by him to the
Ordered, That the papers accompanying the bill granting an increase
sundry civil appropriation bill, which was ordered to lie on the of pension to George Millholland, S. 538, Sixty-second Congress, first
session, be withdrawn from the files of the Senate, no adverse report
table and to be printed.
Mr. SM ITH o f Michigan submitted an amendment providing having been made thereon.
that all persons employed in or under the Bureau o f Light
WITHDRAWAL OF PAPERS— EMMA D. M’MANUS.
houses upon work relating to the establishment o f changes in
On motion o f Mr. S h iv e l y , it w as
aids to navigation shall have had at least three years’ actual
That the
service afloat in the handling and piloting o f vessels, etc., intended of Ordered, to Emma papers accompanying the bill granting an increase
pension
D. McManus, S. 3078, Sixty-second Congress, first
to be proposed by him to the sundry civil appropriation bill, which session, be withdrawn from the files of the Senate, no adverse report
was ordered to be printed, and, with the accompanying paper, having been made thereon.
ordered to lie on the table.
METROPOLITAN COACH CO
.
He also submitted an amendment providing that retired offi
The PRE SID EN T pro tempore laid before the Senate the
cers o f the Navy shall be eligible for appointment as lighthouse
inspectors, etc., intended to be proposed by him to the sundry amendments o f the House o f Representatives to the bill
civil appropriation bill, which was ordered to be printed, and, ( S. 2904) to confer upon the Commissioners o f the D istrict o f
Columbia authority to regulate the operation and equipment o f
with the accompanying paper, ordered to lie on the table.
Mr. POMERENE. I submit an amendment intended to be vehicles o f the Metropolitan Coach Co.
Mr. JONES. I move that the Senate disagree to the amend
Proposed by me to the sundry civil appropriation bill, which
I ask to have printed and lie on the table, and for the inform a ments o f the House o f Representatives, ask a conference with
the House on the disagreeing votes, and the conferees on the
tion o f the Senate I ask that it be printed in the R ecord.
There being no objection, the amendment w as ordered to be part o f the Senate be appointed by the Chair.
The motion w as agreed to, and the President pro tempore
Printed, to lie on the table, and to be printed in the R ecord, as
appointed Mr. J ones , Mr. K e n y o n , and Mr. P a y n t e r conferees
fo llo w s :
on the part o f the Senate.
Amendment intended to be proposed by Mr. P o iie r e n e to the bill
(II. II. 25009) making appropriations for sundry civil expenses of
the Government for the fiscal year ending .Tune 30, 1913.
On page 101, after line 5, insert the follow ing:
“ PENSION BUREAU.
“ Three hundred thousand dollars, or so much thereof as may be
necessary to employ, temporarily, extra clerks by the Commissioner
of Pensions to aid him in the work incident to the adjudication of pen
sion claims filed under the act entitled ‘An act granting a service pen
sion to certain defined veterans of the Civil W ar and the W ar with
Mexico,’ approved May 11, 1912, at salaries not to exceed $1,200 each ;
and in order to facilitate said work the Commissioner of Pensions is
authorized to employ clerks heretofore employed in other departments
of the Government service, or others who may be sufficiently skilled
to do the required work, without complying with the requirements of
the civil-service la w s : Provided, however, That none of said extra
clerks shall continue in the service beyond the fiscal year of this appro
priation without further legislation, or, by reason of said employment
alone, be eligible for transfer to the service in other departments, or
he continued longer than may be necessary to do the work hereby pro
vided for.”
Mr. SH IVELY. I submit an amendment intended to be pro
posed by me to the sundry civil appropriation bill, which I ask
to have printed, printed, in the R ecord, and that it lie on the
table.
There being no objection, the amendment was ordered to be
Printed, to lie on the table, and to be printed in the R ecord, as
follow s:
Amendment intended to be proposed by Mr. S h ively to the bill (H . R.
25069) making appropriation for sundry civil expenses of the Gov
ernment for the fiscal year ending June 30, 191o, and for other
Purposes, v i z :
On page 98, after 'ine 5, insert the follow ing:
,
„
Provided, That no allowance or disallowance heretofore made shall
Preclude an officer or enlisted man of the United States or Volunteer
Army, or his next of kin or personal representative, from applying
tor and receiving any pay and allowances which may be due him under
a, decision of the Supreme Court of the United States or under a deci
sion of the Court of Claims where no appeal is taken therefrom : And
SUNDRY CIVIL APPROPRIATION BILL.
The PRE SID EN T pro tempore. Is there further morning
business?
Mr. SIMMONS and Mr. W A R R E N addressed the Chair.
The PRE SID EN T pro tempore. The Senator from North
Carolina.
Mr. SIMMONS. I ask that the Senate proceed-----The PRE SID EN T pro tempore. The morning business has
not yet closed.
Mr. SIMMONS. I thought the Chair announced that the
morning business w as concluded.
The PR E SID E N T pro tempore. Are there concurrent or
other resolutions?
[M r. M a r t in o f Virginia submitted a report from the Com
mittee on Claims and one from the Committee on Commerce,
which appear under their appropriate heading.]
The PRE SID EN T pro tempore. Is there further morning
business?
Mr. W A R R EN . Mr. President-----The P R E SID EN T pro tempore.
ness is closed.
I f not, the morning busi
Mr. SIMMONS. Mr. President-----Mr. W ARREN. I move to take up House bill 250G9, the
sundry civil appropriation bill.
The PRE SID EN T pro tempore. The Senator from W yoming
asks unanimous consent to proceed to the consideration o f House
bill 250G9, the sundry civil appropriation bill. Is there objec
tion?
Mr. SIMMONS. Mr. President, I object.
Mr. W ARREN . I move, then, that the bill be taken up.
Mr. SIMMONS. Mr. President------
9214
CONGRESSIONAL RECORD— SENATE.
J uly ig
NOT VOTING— 30.
The PRESIDENT pro tempore. The Chair will state the
Lea
Crane
Sanders
B a ile y
motion. The Senator from Wyoming moves that the Senate B a n k h e a d
Shively
Lippitt
Curtis
proceed to the consideration of the bill (H . It. 250G9) making B r a n d e g e e
O’Gorman
Davis
Smith, Md.
Owen
Dixon
Smith, S. C.
appropriations for sundry civil expenses o f the Government for B r ig g s
Penrose
Watson
Foster
the fiscal year ending June 30, 1913, and for other purposes. B r o w n
Rayner
Gore
Wetmore
Burnham
The question is on agreeing to the motion o f the Senator from C h ilto n
Jones
Richardson
Kern
Root
Clarke, Ark.
Wyoming.
So Mr. V a r k e n ’ s motion was agreed t o ; and the Senate, as
v
Mr. SIMMONS. On that I ask for the yeas and nays. I wish
in Committee of the Whole, resumed the consideration o f ’ the
to call up the wool bill.
The yeas and nays were ordered, and the Secretary proceeded bill (II. R. 250G9) making appropriations- for sundry civil ex
penses o f the Government for the fiscal year ending June 30
to call the roll.
Mr. BURNHAM (when his name was called). I have a gen 1913, and for other purposes.
Mr. WARREN. Mr. President, if I have kept a right account,
eral pair with the junior Senator from Maryland [Mr. S m i t h ] .
I do not see that Senator in the Chamber, and I therefore with the reading of the bill on yesterday proceeded to the top o f page
74. I inquire if that is correct?
hold my vote.
The PRESIDENT pro tempore. The Chair is so informed.
Mr. CULI.OM (when his name was called). I have a gen
eral pair with the junior Senator from West Virginia [Mr. The Secretary will resume the reading o f the bill at that point.
Mr. WARREN. Mr. President, this bill contains 200 pages
C h il t o n ].
I do not know liow he would vote. I f he were
and carries appropriations aggregating $115,000,000, or about
present I would vote “ yea.”
Mr. THORNTON (when Mr. F o s t e r ’ s name was called). I that amount. I now ask unanimous consent that the Senate
wish to announce the absence o f my colleague [Mr. F o s t e r ] on proceed with the consideration o f the remainder o f the bill with
account o f illness. He is paired with the Senator from W yo out the formal reading and that the amendments o f the commit
ming [Mr. W a r r e n ] . I make this announcement for the day.
tee may be considered as we proceed.
Mr. HEYBUKN (when his name was called). I have a gen
The PRESIDENT pro tempore. The Senator from Wyoming
eral pair with the senior Senator from Alabama [Mr. B a n k - asks unanimous consent that the further formal reading o f the
h e a d ].
I do not see him in the Chamber. I will therefore bill may be dispensed with.
withhold my vote.
Mr. SIMMONS. I object.
Mr. SANDER^ (when his name was called). I am paired
The PRESIDENT pro tempore. The Senator from North
with the ju n ior Senator from Indiana [Mr. K ern ], and will Carolina objects. The Secretary will -resume the reading o f the
therefore not vote.
bill at the point reached on yesterday.
Mr. W ILLIAM S (when his name was called). I have a pair
The Secretary resumed the reading o f the bill, beginning with
with the Senator from Pennsylvania [Mr. P e n r o s e ] . I trans line 1, page 74, and continued down to the end o f line IG, on
fer that pair to the Senator from Indiana [Mr. S h i v e l y ] , and page 91.
will vote. I vote “ nay.”
Mr. REED. I have been trying to follow the reading o f the
The roll call was concluded.
bill, but it is so rapid and so informal that I can not under
Mr. LIPPITT. I have a pair with the senior Senator from stand it well enough to follow the text. I should like to inquire
Tennessee [Mr. L ea ]. I f he were here and I were at liberty to where the clerk is reading.
vote, I should vote “ yea.”
The PRESIDENT pro tempore. The clerk has reached page
Mr. W ETMORE (after having voted in the affirmative). I 91, line 17, the Chair is informed.
Mr. REED. I should like to have the bill read so that I can
have a general pair with the senior Senator from Arkansas
[Mr. C l a rk e ]. I voted inadvertently, not noticing his absence, follow the reading.
The reading of the bill was resumed and continued to line 21,
and therefore I will withdraw my vote.
Mr. CULLOM. I have a general pair with the junior Senator on page 10G, the last paragraph read proposing to appropriate
from West Virginia [Mr. C h i l t o n ] . I transfer that pair to $20,000 for the opening o f Indian reservations.
the Senator from New York [Mr. R o o t ] , and will vote. I vote
Mr. HEYBURN. Mr. President, I rise to a parliamentary in
“ yea.”
quiry.
Mr. HEYBURN. I have a general pair with the Senator from
The PRESIDENT pro tempore. The Senator will state it.
Alabama [Mr. B a n k h e a d ] , I transfer that pair to the Senator
Mr. HEYBURN. At what stage will an amendment be ap
from Massachusetts [Mr. C r a n e ] , and will vote. I vote “ yea.” propriate to the portion o f the bill just read?
Mr. BRADLEY. I desire to transfer my pair with the Sen
The PRESIDENT pro tempore. The Chair would suggest
ator from Maryland [Mr. R a y n e r ] to the senior Senator from I that after the reading o f the bill has been completed, the read
Washington [Mr. J o n e s ] and vote. I vote “ yea.”
ing proceeding for the purpose o f information to the Senate,
Mr. BRANDEGEE (after having voted in the affirmative). that presumably the committee amendments will first be con
When I voted I did not notice the absence from the floor of the sidered, and then amendments from the floor will be in order.
Mr. HEYBURN. As in Committee o f the Whole?
junior Senator from New York [Mr. O’ G o rm an ]. I am paired
The PRESIDENT pro tempore. As in Committee o f the
with that Senator, and therefore withdraw my vote.
Mr. BRIGGS. I have a general pair with the senior Senator Whole.
Mr. HEYBURN. I merely wanted the R e c o r d at this point
from West Virginia [Mr. W at so n ], A s he has not voted, I
to show that the inquiry was made and answered by the Chair.
withhold my vote.
Mr. REED. Mr. President, the Chair states that presumably
Mr. MART1NE o f New Jersey. I am requested to announce
the pair existing between the Senator from Arkansas [Mr. the committee amendments will first be considered. Does the
Chair mean to say by that that there has been any agreement
D a v is ] and the Senator from Kansas [Mr. C u r t is ]. I desire
or arrangement to that effect?
this announcement to stand for the day.
The PRESIDENT pro tempore. Not so far as the Chair i3
Mr. CHAMBERLAIN. I desire to announce that the Senator concerned. The Chair simply states what is the usual custom
from Oklahoma [Mr. O w e n ] is paired with the Senator from of the Senate.
Nebraska [Mr. B r o w n ] . I make this announcement for the day.
Mr. REED. My reason for the inquiry was the remark of
The result was announced— yeas 37, nays 27, as follow s:
the Senator that he was making the inquiry now hi order that
Y E A S— 37.
there might be a record; and I would not want to have it go
by common consent that that is to be the method. I think it
Borah
Cummins
Da Follette
Smith, Mich.
Dillingham
Bourno
Lodge
may become important in. the consideration o f this bill whether
Smoot
du Pont
Bradley
McCumber
Stephenson
we are to proceed that way or not.
Fall
Bristow
McLean
Sutherland
The PRESIDENT pro tempore. The Chair will state to the
Gallinger
Massey
Burton
Townsend
Gamble
Nelson
Catron
Warren
Senator that no agreement has been made nor has any sugges
Oliver
Gronna
Clapp
Works
tion been made to the Chair.
Guggenheim
Page
Clirk, Wyo.
Mr. REED. So, it is clear.
Perkins
Ileyburn
Crawford
Kenyon
Poindexter
Cullom
Mr. HEYBURN, It may be proper for me to state that I
made the inquiry in view of the fact that the chairman o f the
NAYS— 27.
committee renewed his request this morning with reference to
Ashurst
Hitchcock
Overman
Smith, Ga.
the consideration o f committee amendments and asked for
Bacon
Johnson, Me.
Paynter
Stone
Bryan
Johnston, Ala.
Percy
Swanson
unanimous consent; and I thought it right that this proceeding
Chamberlain
Pomerene
Martin, Va.
Thornton
should contain some record o f the fact that we were proceeding
Culberson
Tillman
Martine, N. J.
Reed
under that order or rule o f business.
Fletcher
Myers
Simmons
Williams
Gardner
Smith, Ariz.
Newlands
The PRESIDENT pro tempore. The reading w ill continue.
1912.
CONGRESSIONAL RECORD— SENATE.
9289
The PR E SID IN G OFFICER. Sixty Senators have answered
Mr. W ARREN . The Senator, I think, was not in the Senateto their names. A quorum is present. The question is on Chamber when I stated that the Philippines were proceeding
.agreeing to the amendment o f the committee, on page 57, to to get railroads in other ways, as the Senators know, through
insert the matter embraced in lines 4 to 8, inclusive.
the guaranty o f bonds, and so forth. But this proposed road is
Mr. OVERMAN. On that I call for the yeas and nays.
o f the nature o f those short stub or spur railroads that are
Mr. BR ISTO W . Mr. President-----owned now by the Army and Navy, which extend from the sea
The PRE SID IN G OFFICER. The Senator from North Caro to the warehouses or to a camp or a post, as the case may be.
lina asks for the yeas and nays. Is there a second?
Mr. HITCHCOCK. It strikes me that that is a considerable
Mr. BACON. Mr. President, I understand the Senator from railroad.
Kansas addressed the Chair, and it would seem that the call for
Mr. W ARREN . It w ill cost $200,000.
the yeas and nays should be deferred until he got through.
Mr. HITCHCOCK. It is to be 20 miles in length, I under
The P R E SID IN G O FFICER. The present occupant o f the stand, and there now being a law which provides for the con
chair thinks that when a Senator asks for the yeas and nays struction o f railroads in the Philippine Islands by permitting
it is proper to put the request.
the Philippine Government to guarantee the interest upon the
Mr. BACON. I w ill not stop to discuss that n ow ; but I do bonds, suggests to me that where there is any legitimate need
think that it is an improper practice, for the reason that the for a railroad and any profitable use fo r a railroad, it w ill be
yeas and nays might be called upon a matter which would re built.
main before the Senate for two or three weeks, and the purpose
Mr. W ARREN . D o you think they would build a railroad
o f the Constitution in requiring the yeas and nays is that those for the Government between a loading point and a post?
who are present and are going to vote on the question shall, at
Mr. HITCHCOCK. I f the Government is now expending, as
the demand o f one-fifth o f those who are present and going to the Senator says, over $100,000 a year in freight transportation,
and the road could be built for $200,000 by private capital, and
vote, be required to go on record.
*
The P R E SID IN G O FFICE R. In the opinion o f the Chair, could secure from the Government $100,000 a year for the trans
when a Senator asks for the yeas and nays, the first thing to be portation o f freight, I believe private enterprise w-ould build it,
particularly as the bonds would be guaranteed by the Philippine
done is to determine whether there is a second to the request.
Government.
Mr. OVERMAN. A parliamentary inquiry, Mr. President.
Mr. W ARREN . I wish I had the faith that the Senator has
The PR E SID IN G O FFICER. The Senator w ill state it.
Mr. OVERMAN. I do not understand that a call for the yeas with regard to how easily capital can be had for those remote
regions in those remote islands.
and nays prevents any Senator from speaking thereafter.
Air. HITCHCOCK. I believe I express the strong sentiment
T h e'P R E S ID IN G O FFICER. Not in the least. The ques
tion is, Is there a second to the demand for the yeas and nays? o f this country against having the Government make permanent
investments o f this charactex*, unless a better showing is made
The yeas and nays were ordered.
Mr. B R ISTO W . I should like to inquire why the money that as to the need for them.
Mr. REED. Mr. President, may I ask a question for in for
is to be expended for a railroad in the Philippine Islands should
not be paid out o f the Philippine treasury instead o f out o f the mation? I was unavoidably out o f the Chamber when the
Senator made his explanation and when this question w*as
United States Treasury.
Mr. W ARREN . That w ill probably be the ultimate ou tcom e; discussed. For my own inform ation I want to ask whether
but, under the relations between the two, that could not be done the railroad is to be a part o f our defense system— our m ilitary
now, because for the present the railroad w ill be in the ex system— in the Philippine Islands?
Mr. W ARREN . In the sense that it is a means o f transporta
clusive ownership o f the United States and for its exclusive use.
I want to say to the Senator and to all Senators who were not tion from the sea to our troops; yes.
Mr. REED. Is this intended to be a permanent post, or is
in the Chamber when this matter was being discussed, that this
is a matter o f building what you might call a switch track it simply a post that is maintained there to keep the peace in
from the sea, where the freight is received, to the m ilitary the islands until such time as we shall relinquish our control?
Mr. W ARREN . It is a permanent post. It is in the Moro
posts that are on Lake Lanao. This is restricted to an expendi
ture o f $200,000. W e have statements that have been almost country, where, as I presume the Senator knows, there are d if
years in preparation from the best engineers o f the Army which ferent tribes, and where in early times there were all kinds o f
state it can be built inside o f $200,000. W e are now expending differences and all kinds o f government. They had w ar be
from $150,000 a year to two hundred and odd thousand dollars tween themselves, one upon anothei*. It w*as the most dangerous
e
a year for hauling freight over that road. So it is a matter of country wr had to enter when w^e took the islands. Our work
there has been perhaps the most successful o f our wrork any
economy, and the road w ill pay for itself inside o f two years,
Mr. BR ISTO W . It seems to me that expenditures for perma where in bringing about relative peace and turning the in
nent improvements in the Philippine Islauds ought to be paid habitants into various lines o f industry. It is purely a matter
o f economy.
for out o f the Philippine treasury.
As I stated before, surely the chairman o f the committee has
Mr. W ARREN . It must come from there ultimately, but there
is no way now by which it can be handled in that manner. It no more interest in the matter than any other Senator. But
would be like an emplacement fo r fortifications. Everyone at present we are bound to spend not $100,000, as the Senator
contemplates that those fortifications, when we turn them over from Nebraska states, but from $150,000 to $200,000 a year for
to the Philippine Government, will be paid for by that Govern freight to this post. A t one time it was over $200,000 a year.
ment, but now they are paid for by the United States, as the The lowest offer they have now for the xxext year or tw o is $20
a ton, and the lowest estimate they can make is 7,500 tons a
Senator knows.
year, which wT
Ould be an even $150,000 fo r the w-agon transporta
Mr. HITCHCOCK. I should like to ask what is to become o f tion over this route.
this railroad? Is it to be open for public travel or simply for
I f by the expenditure o f $200,000 wre can at once almost ob
the use o f the Government?
literate that chai’ge and bring it down to a mere nominal one,
Mr. W AR REN . That is getting a little ahead o f what we it seems to me good economy, whatever may become o f the
are now contemplating. As the Senator knows, the United i*oad after the Government has finished using it for the part
States Government and the Philippine Government have their o f the Arm y located there.
arrangements, and, in my judgment, they have conducted busi
Mr. LODGE. Mr. President-----ness very well in the last few years. The building o f this road
The PR E SID IN G O FFICE R (M r. O liver in the ch a ir).
and its present use would be exclusively, we w ill say, by the Does the Senator from Missouri yield to the Senator from
United States. But I have no doubt when the road is opened Massachusetts ?
it would be the same as any other highway or railroad— there
Mr. LODGE. I thought the Senator had finished. I did not
will be arrangements made by its management under which know the Senator had the floor.
the civil government o f the Philippines w ill undoubtedly par
Mr. REED. Has there been any estimate or request in refticipate.
erence to this matter from the W ar Departm ent?
Mr. W ARREN . The Senator, I. think, was out during my
For instance, this very section o f country in which it is pro
>
posed to build this road is presided over by a brigadier general statement.
o f the United States Arm y as the departmental commander. The
Mr. REED. I was out. I am sorry to take the time o f the
same officer is civil governor o f Mindanao. There seems to be Senate.
Mr. W ARREN . In the first place, these estimates were made
Do difficulty in the management there; and that will take care
as early as 1904 or 1905. [When the so-called T aft party went
° f itself, o f course.
Mr. HITCHCOCK. I think it is a very serious matter for to the islands the local authorities w ere so anxious about the
os to enter upon a system o f Government-owned railroads in matter that they arranged a trip, and a number o f Senators and
the Philippine Islands, and upon that question Congress has Members— m yself included— went across that country on horse
back and examined it thoroughly and spent a night at Lake
distinctly spoken that it would not enter upon such a policy.
9290
CONGRESSIONAL RECORD— SENATE.
Lanao. The estimates then called for between $700,000 and
$800,000. The War Department asked then that we build the
road’. But it seemi>PTISe, 'inuch, and in my serv iceon the Mili
tary Affairs Cpflrijjitf'ee and also on the Comnutf/e on Appro
priations I w/fs^Aot then ready to take up the/m terprise
But latep^rm, I think duriaig the last yeay^tne WSr Depart
ment hasdnra another estimate made by wh
elieves to be^jfR
J uly 19
haunted by the idea that in the remote future somebody might
make some money out o f it, and I wanted to disabuse his mhnj
o f the i t h a t there was any possibility o f such a crime as
^f/Mnru^ted. I do not-think anybody is going to
that
t o f it. I t / s i»r^natter o f military protecmak
_ _
_
m
o f the Senashould have occasion to abandon
island, either, does the Senator think we could
e road at an advantageous price?
estimates for this rtTad bSve been made annually ever
GE. Why, certainly, because it would be o f governsince 1905, I think. The^-War Department has not only a
Value. Nobody with any commercial sense would build
estimate made, but i a 'i t s /Evidence before the committe
a road there. It is proposed to be built for the protection o f the
through its head arnKbureai/chief, it insisted that if we want
military p o s t a ju l L ^ military purposes, and it would be valueconomical management \ye should provide this raiiroj,
► tjrTTTTVT^ve^^ent^j^tch took over the islands.
Ie
G£hera£foth£ in
Mr. REED. Just one' further questim
Senator from Massachusetts yield
ternal improvements ou tlie islands arc^rfo/' big tYuenVare 0 :
>we/ fo r ‘rf moment?
by the islands^Uiemselves, are they /not^ o u r / Gfcverum
Mr. LODGE. CerLrfnly.
guaranteeing thefum ds?
4/
Mr. WARREN. /T h a t country was considered important
Mr. WARREN. Certain o f them are; yes.
Mr. REED. I f this proposed road is for the maintenance enough, both as to^overnment and as to future development, for
the Spanish nation to maintain communication through it. In
o f the peace o f the islands and is also in the nature of a per
manent improvement, why should it not be paid for by the fact, they carried through it to the lake, on mules and horses,
government o f the islands, instead o f by this Government?
at great expense, the materials for two steamboats, and con
Mr. WARREN. This is a matter o f a different nature. As structed them on the lake. When we had our differences with
I say, it is for the exclusive use o f the Government at present Shmjj yQ.gaptured and sunk those boats. Since then we have
and may be said to be for the purpose o f controlling the- very raised' them, and'they ure now plying on the lake. It is not a
people that would be taxed if the road were paW'for by local country that is incapable':n£-4cvelopment, because it has great
taxation.
natural resources. But if p e a c e s to be maintained there, and
Mr. LODGE. Mr. President, I effliy wanted to say a single one tribe is to be kept from annihilating another, there must be
word in regard to the nature o f the nnymsed road Tt is a road . sorne stroiicr hand,. o f government there.
which is proposed to be built in 1 Mr. OVERMAN. Mr. Presic!
|
Ire ment, going back to pa»e 0 1 , 011 -, ^he Senator from Wyoming
island of Mindanao is the great i amendment agreed to there reads as follow s:
with me in my proposition
o f the archipelago. It has no c
hundreds o f miles away from Ma ^ .cl. - where the commercial railroads 1200,000??50,000
QB to letting one tribe o f that
Moros, who are Mohammedank m
..............
_.-„ '?
and more or less dangerous pefraje, under the government o f
Mr. LODGE. No doubt something may be said for that view.
their own datos or sultans
Mr. WARREN. The Senator from Missouri seems to be more
The prospect o f the road having ?fYty%<£ommercial value—
he was before he went to Baltimore.
which I recognize under present conditions
' Mr. REED. Oh, no, Mr. President. I am just trying to
crime—is so slight that I think it need not be regarded. The qualify myself for association with some of the gentlemen who
island is largely a tropical wilderness. It is absolutely neces did not go to Chicago.
sary to maintain a military post there. This is a mere means
Mr. WARREN. That is useless.
Mr. FLETCHER. I understood the chairman o f the com
o f communication for the safety o f the military post, and for
the cheap transportation o f supplies thereto.
mittee to state that in 1904 the W ar Department estimated that
Having had familiarity for a good many years with Philip the expenditure required here was about $800,000. I f we have
pine matters, I simply wanted to emphasize the point that this had a saving o f $600,000 since 1904, may we not get some further
is a matter that in no way concerns the commercial develop advantage if w e postpone the matter another year or two?
ment o f the islands, in which the other railroad system is
Mr. WARREN. That is begging the question. In the first
involved.
place, I alluded to 1904 in a loose manner. When the estimates
Mr. REED. Mr. President, if I may, I should like to ask are as carefully made as they are now, n;Uh every iteni shown,
the Senator a question. The Senator appears to be very well an ertPrrhTUTt-^ that kip^.ii^ifrw rfTl^^ iTuv effect.
Mr. BACON- PTtnderstand the question to be upon the adopv,
posted upon the character o f this island, as he is upon all ques
tion o f file amendment.
tions upon which he speaks.
The PRESIDING OFFICER. The question is upon the adop
Mr. LODGE. I was for 15 years chairman of the Committee
on the Philippines, and therefore picked up some knowledge of tion o f the amendment recommended by the committee, begin
ning with line 4, on page 57. The yeas and nays have been
the islands.
ordered. The Secretary will call the roll.
Mr. REED. I f the island is inhabited by barbarians and
The Secretary proceeded to call the roll.
savages, and has no commercial possibilities, I should like to"
Mr. BRANDEGEE (when his name was called). I have a
inquire why we are maintaining an Army post there, and why general pair with- the junior Senator from New York [Mr.
we should build railroads. Why do we not get out and turn it O’ G okm an ], and noticing his absence I withhold my vote.
over to these Mohammedans?
Mr. CULLOM (when his name was called). I am paired
Mr. LODGE. I did not say it had no commercial possibili with the junior Senator from West Virginia [Mr. C h il t o n ] and
ties; fa r from it. I think very likely it has considerable com withhold my vote.
mercial possibilities, now that we have established and main
Mr. HEYBURN (when his name was called). I have a gen
tained peace there. It is part o f the archipelago. It is eral pair with the senior Senator from Alabama [Mr. B a n k necessary, in the interest o f all the islands, to have good order h ead ]. He is not present and I therefore withhold my vote.
preserved there, which now is preserved there, and which un
Mr. LIPPITT (when his name was called). I have a general
doubtedly is leading to some commercial development. I was pair with the Senator from Tennessee [Mr. L e a ]. I f he were
speaking o f the general condition o f the Island.
present, and I were allowed to /)te , I would vote “ yea.”
Mr. HITCHCOCK. I should like to ask the Senator a ques
Mr. CHAMBERLAIN (when\|5r. O w e n ’ s name was called).
tion. It has been stated that practically the only business of The Senator from Oklahoma [Mr. O w e n ] is paired with the
this railroad will be for military purposes.
Senator from Nebraska [Mr. B ro w n ], I make this announce
Mr. LODGE. So I understand.
ment for the day.
Mr. HITCHCOCK. The Senator from Wyoming has stated
Mr. SMITH o f South Carolina (when his name was called).
that the number o f tons carried over the road annually w ill be I have a general pair with the junior Senator from Delaware
7,000 tons. Figuring 20 tons to the car, that is 350 carloads [Mr. R ich ardson ]. I transfer that pair to the Senator from
a year. Is the Senator in favor o f building a-railroad to carry Oklahoma [Mr. G ore] and vote. I vote “ nay.”
less than 1 carload a day?
Mr. W ARREN (when his name was called). I have a gen
Mr. LODGE. Mr. President, I am in favor o f building the eral pair with the Senator from Louisiana [Mr. F oster ], and
railroad as an adjunct to a military post. My point, which although I have his assurance that on all such matters I can
seems to have escaped the Senator from Nebraska, was that vote, I will for the present withhold my vote.
Mr. WETMORE (when his name was called). I have a gen
this was not a commercial enterprise. It is a matter o f mili
tary protection. I thought the Senator from Nebraska was eral pair with the senior Senator from Arkansas [Mr. C l a r k e ],
en
luestioju
x*c
CONGRESSIONAL RECORD— SENATE
1 9 12
9291
and I withhold my vote. I f I were at liberty to vote, I would Volunteer Infantry, from St. Petersburg, Russia, to Arlington
vote “ yea.”
Cemetery, Virginia, also to include disinterment, transportation,
The roll call was concluded.
and reinterment at Arlington,” so as to make the clause r e a d :
Mr. B R A D L E Y (after having voted in the affirm ative).
Disposition of remains of officers, soldiers, civilian employees, etc. :
When I voted I forgot that I am paired with the senior Senator For the expenses of interment, or of preparation and transportation to
their homes or to such national cemeteries as may be designated by
from Maryland [Mr. R a y n e r ], I withdraw my vote.
proper authority, in the discretion of the Secretary of W ar, of the re
Mr. M cCUMBER (after having voted in the affirm ative). 1 mains of officers, including acting assistant surgeons, and enlisted men
of the Arm y active l i s t ; for the expenses of interment, or of prepara
am inform ed that my pair, the senior Senator from Mississippi
to
of the
[Mr. P e r c y ], has not voted. That being the case I w ill transfer tion and transportation the their homes,the W ar remains of civil em
ployees of the Army in
employ of
Department who die
my pair with that Senator to the Senator from Michigan [Mr. abroad, inclusive of Alaska, or on Army transports ; for the expenses of
removal of remains from abandoned posts to permanent military posts
T o w n s e n d ] and I will allow my vote to stand.
Mr. D ILLIN G H AM (after having voted in the affirm ative). or national cemeteries, including the remains of Federal soldiers, sailoi'Sj or marines interred in fields or abandoned private and city ceme
I ask leave to withdraw my vote, as I see that the Senator teries ; and in any case where the expenses of burial or shipment of the
from South Carolina [Mr. T il l m a n ] is not in the Chamber. remains cf officers or enlisted men of the Arm y who die on the active
list are borne by individuals, where such expenses would have been law
I am paired with that Senator.
ful claims against the Government, reimbursement to such individuals
Mr. SH IVELY. I desire to announce that my colleague [Mr. may be made of the amount allowed by the Government for such serv
ices, to be paid out of the funds appropriated by this act, but no reim
K e r n ] is unavoidably absent from the Senate. He is paired
shall
expenses incurred prior
with the junior Senator from Tennessee [Mr. S an d ers ].
I bursement day ofbe made under this act of such That $500 of the above
to the 1st
July, 1910, $57,500 : Provided,
desire this announcement to stand for the day.
sum, etc.
Mr. CULBERSON (after having voted in the negative). Has
Mr. W ARREN . I move to amend the amendment by adding,
the Senator from Delaware [Mr. du P o n t ] voted?
in line 3, page 65, after the word “ Infantry,” the w ords “ also
The PRE SID IN G O FFIC E R (M r. L odge in the ch a ir). The consul o f the United States.”
Senator from D elaware [M r. du P o n t ] has not voted.
The amendment to the amendment was agreed to.
Mr. CJITJIERSQaLtulaw^lilliiyilW^BlMii utile, as I have a general
The amendment as amended wT agreed to.
as
pair wjiU thftf"Senator.
%
The next amendment was, on page 65, after line 6, to in sert:
Mr. M ARTI NE o f New Jersey. I desire to announce the pair
Reimbursement of the government of the Philippine Islands : To re
o f the Senator from Arkansas [Mr. D a v is ] with the Senator from imburse the government of the Philippine Islands for expenses incurred
in the disinterment, preparation for shipment, and transportation of
Kansas [Mr. C u rtis 1. I make this announcement for the day.
the remains of the late Orman K. Osbon, member of Company F, ThirtyThe result w as announced— yeas 2S, nays 25, as follow s :
sixth Regiment United States Volunteers, buried in the Catholic ceme
Y E A S — 28.
Jones
Lodge
McCumber
McLean
Massey
Oliver
Page
Bourne
Bristow
Burnham
Burton
Catron
Clark, W yo.
Crane
Crawford
Cummins
Fall
Galiinger
Gamble
Gronna
Guggenheim
Aslm rst
Bacon
Bryan
Chamberlain
Clapp
Fletcher
Hitchcock
N A Y S— 25.
Johnson, Me.
Pomercne
Johnston, Ala
Reed
Kenyon
Shively
Simmons
Martin, Ya.
Smith, Ariz.
Mar tine, N. J.
Smith, Ga.
Myers
Overman
Smith, Md.
Bailey
Bankhead
Borah
Bradley
Brandegee
Briggs
Brown
Chilton
Clarke, Ark.
Culberson
Ci.11cm
NOT VO T IN G — 41.
Lea
Curtis
Lippitt
Davis
Dillingham
Nelson
Dixon
Newlands
O’Gorman
du Pont
Owen
Foster
Paynter
Gardner
Penrose
Gore
Ileyburn
Percy
Rayner
Kern
Richardson
La Follette
Perkins
Poindexter
Root
Smith, Mich.
Smoot
Sutherland
Works
Smith, S. C.
Stone
Swanson
Thornton
The amendment was agreed to.
The next amendment was, on page 66, after line 2, to in sert:
Monuments or tablets in Cuba and China : For repairs and preserva
tion of monuments, tablets, roads, fences, etc., made and constructed
by the United States in Cuba and China to mark the places where
American soldiers fell, $1,000.
The amendment was agreed to.
The next amendment was, under the subhead “ National
military parks,” on page 68, after line 13, to strike o u t :
The unexpended balance, not exceeding $5,959, of the appropriation
of $150,000 for the Union Naval Monument is reappropriated and made
available for bronze portraits, with granite pedestals, of brigade and
division commanders.
Sanders
Stephenson
Tillman
Townsend
Warren
W atson
Wctmore
W illiam s
So the amendment o f the committee was agreed to.
The P R E SID IN G O FFICER. The Secretary w ill con£Uwr§
tltfe. reading o f the bill.
The next amen<Uii4siiL was, on page 5S. after line 19, to in sert:
Purchase of land, Vancouver Barracks. W ash. : For the purchase of
lands necessary and suitable for a target range for Vancouver Barracks,
W ash., $25,750.
The amendment w as agreed to.
The next amendment was, on page Gl, after line 1G, to insert:
China or W hite Hall Cemetery, Pennsylvania : The Secretary of W ar
is hereby authorized and directed to sell for cash, by advertisement or
private sale, as in his judgment may best subserve the interests of the
United States, and to make the required conveyance, all the right, title,
and interest of the United States in and to that certain parcel of land
situate on the northwesterly side of China Hall public road leading to
Bristol, in the township of Bristol, county of Bucks, State of Penn
sylvania containing 1 acre, more or less, conveyed to the United States
by deed’ of George Randall and wife, dated the 30th day of August,
1864.
The amendment was agreed to.
The next amendment was, on page G2, after line 3, to insert:
Cave Hill Cemetery, Louisville, Ky., purchase of additional la n d :
For the purchase of additional land in Cave Hill Cemetery, at Louis
ville, Ky., for the burial of soldiers of the Union Army in the late Civil
W ar and in the W ar with Spain, $25,G56.S0.
The amendment was agreed to.
The next amendment was, on page 62, after line S, to insert:
Florence Cemetery, South Carolina : For the construction of a ros
trum at the national cemetery at Florence, S. C.. $5,000, or so much
thereof as may be necessary in the discretion of the Secretary of War.
The amendment was agreed to.
The next amendment was, on page 64, line 24, after the sum
“ $57,500,” to insert “ P r o v id e d , That $500 o f the above sum is
hereby made available to defray the expense o f the removal o f
the body o f Lieut. Col. George Pomutz, adjutant and lieutenant
colonel,'during the Civil War, o f the Fifteenth Regiment Iowa
tery at Bolinao, island of Luzon, to San Francisco, for burial in the
national cemetery, $75.
The amendment was agreed to.
The next amendment was, on page 68, after line 17, to strike
o u t:
Hereafter vacancies occurring in the membership of the several com
missions in charge of national military parks shall not be filled, and
the duties of the offices thus vacated shall devolve upon the remaining
commissioners or commissioner for each of said parks : Provided, That
as vacancies occur hereunder the Secretary of W ar shall become ex
officio a member of the commission effected with full authority to act
with the remaining commissioners or commissioner, and in case of the
vacation of all the offices of commissioner in any one park hereunder
the duties of such commission shall thereafter be performed under the
direction of the Secretary of W ar.
The amendment was agreed to.
The next amendment was, under the subhead “ Under Engi
neer Department,” on page 69, line 16, after the w ord “ im
provements,” to strike out the sum “ $70,000 ” and insert
“ $150,000, including not to exceed $4,500 for maintenance o f
the road in the forest reserve leading out of the park from
the east boundary, and not to exceed $1,500 for maintenance
o f the road in the forest reserve leading out o f the park from
the south boundary ” ; and in line 21, after the words “ Secre
tary o f W ar,” to strike out “ and to be immediately available ” j
so as to make the clause r e a d :
Yellowstone National P a r k : For maintenance _ and repair of im
provements, $150,000, including not to exceed $4,500 for maintenance
of the road in the forest reserve leading out of the park from the east
boundary, and not to exceed $1,500 for maintenance of the road in the
forest reserve leading out of the park from the south boundary, to
be expended by and under the direction of the Secretary of W ar : P ro
vided, That no portion of this appropriation shall be oxnended for the
removal of snow from any of the roads for the purpose of opening them
in advance of the time when they w ill be cleared by seasonal changes.
The amendment was agreed to.
m e next ameuuuieui
_
___ g,
line _ to in sert:
For widening and improving surface of roads, and for building
bridges and culverts, from the belt-line road to the western borderfrom The Thumb Station to the southern border: and from the la k e
Hotel Station to the eastern border, all within Yellowstoue National
Park, to moke such roads suitable and safe for animal-drawn and
motor-propelled vehicles, $ 7 i,0 0 0 .
Mr. HITCHCOCK. I wish to inquire o f the chairman o f the
committee what the expression “ motor-propelled vehicles in
the Yellowstone Park ” means? I notice that this appropria
tion o f $77,000 is for the purpose o f making roads “ suitable
and safe for animal-drawn and motor-propelled vehicles.” I
CONGRESSIONAL RECORD— SEN ATE
understood that Government regulations prohibit motor-pro
pelled vehicles in the parks.
Mr. WARREN. That is true, but let me say to the Senator
that the belt line in the park is, o f course, surrounded by a
large portion o f the park, practically unused and untraveled
except as to the roads o f entrance from north, south, east, and
west. Then there is a forest reserve still outside o f and almost
entirely surrounding the park. The travel from the south,
east, and west, as well as from the north, is becoming heavy,
and there is nothing there, as to the first three mentioned, but
wooden waterway bridges and sluices and narrow, incomplete
roadways. These roads are narrow and must be repaired, and
in repairing it is thought best to make them wide enough so
that they can be utilized hereafter for motors from the outer
park lines to the inside much-traveled belt line, but not yet on
the belt line. This has been recommended by the committee
after consideration o f the Interior Department and the War
Department replies to Senate resolutions.
While the Secretary of the Interior expressed himself as
opposed to motors on the belt line in the park at present, he
says he believes that the time will come when motors may be
admitted, after roads have been properly reconstructed.
This proposed widening, however, covers but a small frac
tion, considering the total number o f miles o f traveled roads. It
goes from the edge o f the timber reserve to the belt line in
three different directions that are very much traveled.
Mr. HITCHCOCK. The regulations w ill still remain in force
against automobiles in the park?
Mr. WARREN. Oh, yes; there is no present chango pro
posed in that regard.
The amendment was agreed to.
i
The next amendment was, on page 70, after line 9, to in sert:
Crater Lake National Park, Oreg. : For the construction of a wagon
road and the necessary bridges through Crater Lake National Park,
Oreg., together with a system of tanks and water-supply pipes to pro
vide for sprinkling, in accordance with the recommendations contained
in the report of the War Department published as House Document No.
.>28, Sixty-second Congress, second session, to be expended under the
’
direction of the Secretary of War, $100,000.
The amendment was agreed to.
The next amendment was, on page 72, line 3, after the words
“ for otlicial use,” to strike out “ $27,000” and insert “ $30,000,”
so as to make the clause read:
For improvement, care, and maintenance of various reservations, in
cluding purchase, maintenance, and driving of horse and vehicle for
official uso of the officer in charge of public buildings and grounds, and
of other necessary vehicles, for official use, $30,000.
The amendment was agreed to.The next amendment was, on page 72, line 15, after the word
“ embankment,” to insert “ and constructing roads, paths, and
shelters,” and in line 16, after the word “ shelters,” to strike
out “ $25,000” and insert “ $75,000,” so as to make the clause
read:
For grading, soiling, seeding, and planting that portion of Potomac
Park west of the railroad embankment, and constructing roads, paths,
and shelters, $75,000.
The amendment was agreed to.
The next amendment was, on page 73, after line 2, to insert:
For commencing the improvement of Montrose Park, and for its care
and maintenance, $10,000.
JU
L.Y 19;
The next amendment was, on page 81, line 2, after the word
“ improvement,” to strike out “ in completion o f contract a u
thorization,” so as to make the clause read:
Improving Chicago River, 111. : For continuing improvement, $28,000
The amendment was agreed to.
The next amendment was, on page 81, line 5, after the word
“ improvement,” to strike out “ in completion o f contract au
thorization,” so as to make the clause read:
Improving Colombia and Lower Willamette Rivers, below Portland
O reg.: For continuing improvement, $200,000.
’
The amendment was agreed to.
The next amendment was, on page 81, line S, after the word
“ improvement,” to strike out “ in completion of contract a u
thorization,” so as to make the clause rea d :
$
Improving Harbor at Conneaut, O h io: For continuing improvement
100 , 0 0 0 .
The amendment was agreed to.
The next amendment was, on page 81, line 15, after the word
“ sea,” to strike out “ in completion o f contract authorization,’’
so as to make the clause read:
Improving Delaware River, Pa. and N. J. : For continuing improve
ment of 35-foot channel from Allegheny Avenue, Philadelphia, Pa., to
the sea, $450,000.
The amendment was agreed to.
The next amendment was, on page SI, line 21, after the words
“ north jetty,” to insert “ in completion o f contract authoriza
tion,” so as to make the clause read :
Improving Grays Harbor, W a s h .: For continuing improvement of
Grays Harbor and Bar Entrance by_ extension of north jetty in comply,
tion of contract authorization, $655,000.
The amendment was agreed to.
The next amendment was, on page SI, line 24, after the word
“ improvement,” to strike out “ in completion o f contract au
thorization,” so as to make the clause rea d :
Improving
Hillsboro
Bay,
F la .: For
continuing
improvement,
$ 200 , 000 .
The amendment was agreed to.
The next amendment was, on page S2, line 2, after the word
“ improvement,” to strike out
in completion o f contract a u
thorization,” so as to make the clause read:
Improving harbor at
Hilo,
H aw aii: For
continuing
improvement,
$ 100 , 0 00 .
The amendment was agreed to.
The next amendment was, on page 83, line 5, after the word
“ improvement,” to strike out “ $31,400 ” and insert “ $160,000,”
so as to make the clause read:
Harbor of refuge at Point Judith, R. I . : For continuing improve
ment, $ 160 ,000.
The amendment was agreed to.
The next amendment was, on page 83, line 11, after the word
“ ocean,” to strike out “ in completion o f contract authoriza
tion,” so as to make the clause read:
I m p r o v in g St. Johns River. F la .: For continuing improvement from
Jacksonville to the ocean, $350,000.
The amendment was agreed to.
The next amendment was, on page S3, line 14, after the wn ,
“ channel,” to strike out “ over ” and insert “ throng]) ”
l‘(l
make the clause read:
’
<ls
The amendment was agreed to.
The next amendment was, on page 73, after line 4, to insert:
Improving San Pablo Bay, C a l.: For continuing
channel through Pinole Shoal, $122,000.
For commencing the improvement of Meridian Hill Park, $25,000.
The amendment was agreed to.
The next amendment was, on page S3, line 18. after the word
“ improvement,” to strike out “ in completion o f contract author
ization,” so as to make the clause read:
The amendment was agreed to.
The next amendment was, on page 75, after line 21, to insert:
Telegraph to connect the Capitol with the departments and Govern
ment Printing Office : For care and repair of existing lines, $500.
The amendment was agreed to.
The next amendment was, on page 78, line 8, after the word
“ commission,” to strike out “ $5,000 ” and insert “ $8,800,” so
as to make the clause rea d :
Commission of Fine A r t s : To meet the expenses made necessary by
the act approved May 17, 1010, entitled “ An act establishing a Com
mission of Fine Arts,” including the purchase of periodicals, maps,
anil books of reference, to be disbursed, on vouchers approved by the
commission by the officer in charge of public buildings and grounds,
who shall be the secretary and shall act as the executive officer of
said commission, $8,800.
improvement of
Improving South Haven Harbor, M ich .: For continuing improvement,
$40,000.
The amendment was agreed to.
The next amendment was, on page 84, after line 24, to insert:
International Waterways Commission: For continuing the work of
investigation and report by the International Waterways Commission,
authorized by section 4 of the river and harbor act approved June
13, 1902, $20,000.
Mr. HITCHCOCK. I should like to ask if the work o f that
commission has not been practically finished?
Mr. WARREN. W e are informed that it has not been fin
ished. It is nearing completion. The chairman o f the board—
The amendment was agreed to.
The next amendment was, on page 80, line 7, after the word Gen. Ernst, I believe, is the chairman— stated to the committee
that he would endeavor to finish it within this amount, and per
“ mouth,” to strike out “ in completion o f contract authoriza
haps save some portion o f this appropriation. There is much
tion,” so as to make the clause read:
paper work yet to be done, and some of the monuments and
Improving Siuslaw River, O reg.: For continuing improvement by landmarks are not yet up.
jetty construction at the mouth, $35,000.
Mr. HITCHCOCK. What monuments does this Waterways
The amendment was agreed to.
Commission erect?
1912.
CONGRESSIONAL RECORD
ATE.
9403
^Lr. O
HD^Tmdm'stafi
b
<
'ether it woum be iff ordei' aftei'' ti
T iie jC E ^ ^ M e fia T T a e A i^ m answering what tlie fi^ n a z o y s ^ y s . Senator from North Carolina is acted upon.
He says that in nine ca^es^out o f ten the district t M o y n e ^ / n a v e
The P R E S F D ^ T 'i ^ -fe m p d m The-.Chair has stated th d t it
their offices in tlm-^tfnrtkouses. I f they do, the Ijyjpreni© Court would-be m order. T be question is upon the* amendment dffered
Reports are always in A lie room next to the judge’s chamber, b y 'th e Senator from North Carolina to the amendmeht:-vHputand in addition to that the judge has them. There are tw o com fin g the question.] The noes appear to have it.
plete sets. \\i].inCdb you want to furnish him another set for?
Mr. OVERMAN. I ask for a division.
Mr. W ARREN . There are several courthouses in one district^
Mr. SM ITH o f Georgia. W hich one o f the amendments is it
for that matter. I f the Senator will make his amendment, say, that we are voting on?
$75,000, and not put in any language at all— not bar out
Mr. OVERMAN. The one that proposes to strike out
district attorneys— I w ill accept the amendment.. Otherwise I $96,309.50 and insert $70,000, and also to in sert:
can not accept his amendment.
^
Provided, That the Supreme Court Reports and Digests shall not he
Mr. SM ITH o f Georgia. That is too much.
% distributed to the United States district attorneys.
Mr. OVERMAN. I w ill first offer it with that amendment,^* W There were, on a division— ayes 12, noes 17.
$75,000; but I intend to offer the other, and I hope the Senator
Mi;.^OVERMAN. I ask fo r the yeas and nays.
w ill accept it.
T
h
e
a
n
d
the Secretary pfdceeded
Mr. SM ITH o f Georgia. I wish to suggest to the Senator to call the roll.
from North Carolina that $16,000 is all it ought to be. There
Mr. CULLOM (when his name was called ). Mr. President, I
is no occasion for sending them to the district attorneys, and have a general pair with the junior Senator from W est Vir
there is no occasion for sending them to these small subdivisions ginia [Mr. C h i l t o n ] , I therefore withhold my vote.
o f the districts. There is $80,000 appropriated here for those
Mr. H EYBU RN (wdien his name was called). I have a gen
purposes, and the bulk o f it is for these extra courthouses eral pair with the senior Senator from Alabama [Mr. B a n k scattered over the districts. Sixteen thousand dollars is every h e a d ] , I see he is not in the Senate Chamber, and I therefore
dollar that ought to be appropriated. I f the Senator w ill make withhold my vote, not knowing how he would vote on this
his amendment $16,000 instead o f $96,000, I think we ought to question.
have a yea-and-nay vote on it.
Mr. JOHNSON o f Maine (when his name was called). I have
Mr. OVERMAN. I read from the hearings this morning that a pair with the senior Senator from New York [Mr. R oot].
we are proposing to do something that is not wanted. In my I transfer that pair to the Senator from Nebraska [Mr. H i t c h
State alone there are three courts held where the judge and c o c k ] and vote. I vote “ yea.”
Mr. SH IVELY (when Mr. K ern ’ s name was called). My
clerk have reported that they do not need these books and do
hot want them, because the judge is supplied w ith them in other colleague [Mr. K e r n ] is unavoidably detained from the Senate.
places, and the attorneys are supplied with them. They do not He is paired with the junior Senator from Tennessee [Mr.
want them there, and yet it is proposed to send them there S an d ers ], I desire this announcement to stand for the day.
Mr. L IP P IT T (when his name was called). I have a general
anyhow. It is proposed to appropriate all this money to send
pair w ith the senior Senator from Tennessee [Mr. L e a ], In his
them books that they do not want.
Mr. FALL. Mr. President, even admitting that each district absence, I withhold my vote.
attorney should have a set o f these very necessary reports, I
Mr. SANDERS (when his name was called). I am paired
think that o f the 300 sets which are given to the United States with the junior Senator from Indiana [Mr. K ern ]. I therefore
for free distribution there would be enough to go to the district withhold my vote.
Mr. SM ITH o f Michigan (when his name was called). I am
attorneys, if it were not for the fact.th at each assistant to the
Attorney General o f the United States must have a separate set paired with the junior Senator from Missouri [Mr. R eed ], I f
o f these books; and not oniy that, but each assistant secretary he were present, I would vote “ nay.”
o f each executive department o f the United States under this
Mr. W ETM O RE (when his name w as called). I have a
general pair with the senior Senator from Arkansas [Mr.
law must have a separate set.
C larice ]. I therefore withhold m y vote.
Mr. OVERMAN. Is that included in this $96,000?
The roll call was concluded.
Mr. FALL. That is included, I suppose, in the 300 sets for
Mr. M cCUM BER (after having voted in the negative). I
free distribution.
Mr. OVERMAN. W e ought to knock it ail out. The idea o f observe that the senior Senator from Mississippi [Mr. P ercy ]
sending these books to the assistant secretaries o f the various has not voted, so, as I have a pair with him, I withdraw my
departments and spending thousands and thousands o f dollars vote.
Mr. BURNHAM. I have a general pair with the ju n ior Sen
to give them sets o f reports that they never read and never
look a t ! I admit that some o f the xlssistant Attorney Generals ator from Maryland [Mr. S m i t h ] . In his absence, I withhold
ought to have them, but there are so many Assistant Attorney my vote.
Mr. GORE. I have a pair with the junior Senator from Mas
Generals now that I think they ought to be limited.
I am going to offer this amendment in order to get it before sachusetts [Mr. C r a n e ]. I transfer the pair to the senior Sen
the Senate, and then the Senator can offer his amendment to ator from Nevada [Mr. N e w l a n d s ] and vote. I vote “ yea.”
Mr. CULBERSON. I have refrained from voting because o f
strike out the to t a l:
tbe absence o f my pair, the Senator from D elaware [Mr. du
P r o v i d e d , That the Supremo Court Reports and Digests shall not. be
distributed to the United States district attorneys.
P o n t ]. I f I were at liberty to vote I would vote “ j’ ea.”
I offer the amendment stated and also one to reduce the
Mr. BRAND EG EE (after having voted in the negative). I
appropriation from $90,000 to $70,000.
observe that the junior Senator from New York [Mr. O 'G or
Mr. W ARREN . Mr. President, in view* o f the many views m a n }, with whom I have a general pair, has not voted. I w ill
that have been expressed I hope that no amendment -whatever therefore transfer my pair to the senior Senator from South
w ill be adopted, and that the amount w ill be sustained as it is. Dakota [Mr. G a m b l e ] and allow my vote to stand.
The PRE SID E N T pro tempore. The amendment submitted
Mr. BRAD LEY. I am paired with the senior Senator from
by the Senator from North Carolina w ill be stated.
Maryland [Mr. R a -y n e r ] , but for which I would vote “ nay.”
The S e c r e t a r y . On page 131, line 10, it is proposed to strike Under tbe circumstances, I withhold my vote.
out the total, $96,309.50, and insert $70,000, and the follow in g:
Mr. LODGE. The Senator from New Jersey [Mr. B riggs ]
Provided, That the Supreme Court Reports and Digests shall not he is paired with the Senator from W est Virginia [Mr. W a t s o n ].
distributed to the United States district attorneys.
The Senator from Nebraska [Mr. B rown ] is paired with the
Mr. SM ITH o f Georgia. I think we ought to have a division Senator from Oklahoma [Mr. O w e n ].
The Senator from Wyoming [Mr. C l a r k ] is paired w ith the
on that amendment, Mr. President.
Mr. FALL. Mr. President, I rise to a parliamentary inquiry. Senator from Missouri [Mr. S tone ].
The Senator from Kansas [Mr. C u r t is ] is paired w ith the
In the event that this amendment should be adopted, would the
amendment o f the Senator from Georgia, to fix the amount at Senator from Arkansas [Mr. D a v is ].
The Senator from Montana [Mr. D ix o n ] is paired with the
$16,000, be in order?
Senator from Texas [Mr. B a il e y ].
The PR E SID E N T pro tempore. It would be in order.
The Senator from Colorado [Mr. G u g g e n h e im ] is paired with
Mr. FALL. Not until we get in the Senate?
the Senator from Kentucky [Mr. P a y n t e r ].
Mr. OVERMAN. Yes, it would.
The Senator from Pennsylvania [Mr. O l i v e r ] is paired with
Mr. CULBERSON. Mr. President, I think the Senator did
Not understand the ruling o f the Chair. That amendment would the Senator from Oregon [Mr. C h a m b e r l a i n ] .
The Senator from Pennsylvania [Mr. P e n r o s e ] is paired with
be in order after the vote ou the amendment o f the Senator
the Senator from Mississippi [M r. W i l l i a m s ] .
from North Carolina.
The Senator from D elaware [Mr. R i c h a r d s o n ] is paired
The PRE SID EN T pro tempore. It would not be in order now.
Mr. CULBERSON. That was not the inquiry. The inquiry with the Senator from South Carolina [Mr. S m i t h ] .
Mr. CULLQM. I am informed that.I can transfer my pair to
the Senator from Delaware jAIr. d u P o n t ] and vote. I vote
“ nay.”
Mr. CULB
Under that arrangemetlh-.I transfer my
Senator from West Virginia [Mr. CiftfejON], and
Pair
vote rt£ea.'
The result was announced— yeas 27, nays 21, as follow s;
Ashurst
Bacon
Bristow
Bryan
Culberson
Cummins
Fall
J uly 22,
CONGRESSIONAL RECORD— SENATE
9404
Y E A S— 27.
Fletcher
Martine, N. J.
Gardner
Myers
Gore
Overman
Johnson, Me.
Poindexter
Johnston, Ala.
Pomerene
Kenyon
Shively
Simmons
Martin, Va.
Dillingham
Gallinger
NAYS— 21.
Massey
Nelson
Page
Perkins
Smoot
Stephenson
Bourne
Brandegeo
Burton
Catron
Clapp
Cullorn
Jones
Dodge
McLean
Bailey
Bankhead
Bora h
Bradley
Briggs
Brown
Burnham
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
NOT VOTING— 46.
Crawford
Lea
Curtis
Lippitt
Davis
McCumber
Dixon
Newlands
du Pont
O’Gorman
Foster
Oliver
Gamble
Owen
Guggenheim
Paynter
Heyburn
Penrose
Hitchcock
Percy
Kern
Rayner
Reed
La Follette
G ron n a
Smith, Ariz.
Smith, Ga.
Swanson
Thornton
Tillman
Works
\
Sutherland
Townsend
Warren
Richardson
Root
Sanders
Smith, Md.
Smith, Mich.
Smith. S. C.
Stone
Watson
Wetmore
Williams
So Mr. O v e r m a n ’ s amendment to the amendment was
agreed to.
Mr. FLETCHER. I would offer a further amendment to
this effect at the conclusion o f line 10: “ Wherever th,o'F6deral
Reporter and advance sheets o f the Federal Reporter are pro
vided for, the decisions of the Circpit Oontt o f Appeals shall
not be separately furnished.” It will save the furnishing of
duplicates.
The PRESIDENT pro tempore. The amendment will be
stated.
The S e c r e t a r y .
At the end o f the amendment insert:
The Secretary read as follow s:
O f f ic e
D e p a r t m e n t op J u s t ic e ,
of t iie A t t o r n e y G e n e r a r.
Washington, D. G., July 22, \ -‘ 2.
2
Hon. F r a n c is E. W a r ren ,
United States Senate.
D ear S en ator W a r r e n : I notice in the R ecord of Saturday the dis
cussion over the amendment under the subhead “ Miscellaneous Ob
jects, Department of Justice,” on page 125, after line 15, of the sundry
civil bill. May I point out just what that amendment does and the
purpose of its introduction?
The amendment forbids the application of any of the appropriations
mentioned in it to the payment of any compensation, by way of salary
fee or allowance in any form (1) to any person who holds any other
• office place, position, or appointment under the Government or any
department of it, or (2) to any one hereafter appointed, designated, or
employed who, within two years next preceding the day of his appoint
ment, etc., has held any other office, place, position or appointment
tinder the Government or a department of it.
\ The effect of the first prohibition would be to make it impossible to
employ any person connected with any other department of the Govern
ment as an expert or as an attorney, or in any other capacity. For
example, it would prohibit the department from having a bank ex
aminer or a geological expert, or any other official or employee dele
gated from any other department of the Government to the Depart
ment of Justice if his compensation is paid out of one of these funds
It would also prevent a district attorney who. under the law. is not
required to go out of his own district, being designated to conduct a
particular Inquiry or case in another district and being paid even his
traveling expenses for so doing.
,
, .
.
The second prohibition would make it impossible to retain a lawyer
in anv lawsuit for the Government who, within two years previously,
had liecn retained in any other lawsuit. It would make it impossible
to promote from one branch of the service to another a lawyer who
had demonstrated his fitness for promotion if in his new Position he
would be paid from any one of these appropriations
In othei words,
for the purpose of preventing one. or two alleged abuses in the ornplovment of officials who had received other compenMtions
Government in particular cases which resulted in thei farnjng a com
pensation in excess of that which they had reem v^ m those Positions,
this amendment nronoses to tie the hands of the Depaitment of Justice
bv deoHvi“e it o fPthe advantage of the knowledge and experience
w h ich m ay have been acquired by a former officml of the Government
u nt il he sh al l have been two years out of the service.
On all o fth e s e grounds I sincerely hope you. will succeed in per
suading the Senate to adopt the committee’s motion to strike out this
p rov ision .
ours
faithfu lly, jours,
G eo . W . W i c k e r s h a m ,
A ttorney General.
Mr CULBERSON. Mr. President, I do not believe this pro
vision of the bill ns it passed the House should be stricken out.
It is true there may be instances in which it will operate to the
disadvantage o f the Department o f Justice and to the embar
rassment o f private persons, but I would rather see the provi
Wherever the Federal Reporter and advance sheets of the Federal
Reporter are provided for, the decisions of the Circuit Court of Appeals sion incorporated in the law, drastic as it is, than stricken out
shall not be separately furnished.
altogether, putting nothing in its place.
The three cases which provoked this legislation, without callThe amendment to the amendment was agreed to.
The PRESIDENT pro tempore. The question is upon agree in"- names, are these: One was that o f a United States district
attorney in the State o f New York who had as district attorney
ing to the amendment as amended.
engaged somewhat in the prosecution of the Sugar Trust. He
The amendment as amended was agreed to.
Mr. WARREN. I ask that lines 11, 12, and 13 on page 131 resigned his office as district attorney, where his salary was
$10 000 a year, and was paid in the neighborhood o f $60,000 out
be stricken out.
The PRESIDEN T pro tempore. The amendment will be o f such a lump-sum appropriation as a special prosecutor in the
stated.
Sugar Trust cases.
T he S ecretary . Strike out lines 11, 12, and 13, on page 131,
The other two cases were o f Assistant Attorneys General em
as f o llo w s :
ployed in the Department o f Justice at Washington, and in
For 15 copies of volume 56 of the lawyers’ cooperative edition at cases where they had been employed as Assistant Attorneys
$5 per volume, in addition to the distribution made by the Interior
General they were permitted to resign those positions and
Department, $75.
receive appointments as special prosecutors in trust cases and
The PRESIDENT pro tempore. The question is upon the paid sums far in excess o f the salary they were receiving as
amendment striking out the paragraph which has been read.
Assistant Attorneys- General.
The amendment was agreed to.
It is a little difficult, at least to me, to find some middle
The next amendment was, on page 132, line 22, after the ground by which the Government, in the Department o f Justice,
word “ Alaska,” to strike out “ .$550,000” and insert “ $568,000,” would not be crippled and yet we would prevent a repetition of
so as to read :
this favoritism to officials under the direction and control of
For salaries of United States district attorneys and expenses of that department.
In the hope that some Senator may suggest
United States district attorneys and their regular assistants, including
a way out o f the difficulty and yet not strike this provision from
tbo office expenses of United States district attorneys in Alaska,
^ OOoiOOO*
the bill altogether, if my proposition is not satisfactory, I
suggest that the provision be allowed to remain in the bill and
The amendment was agreed to.
that the following amendment to it be adopted.
The S e c r e t a r y . On page 133, line 7-----The PRESIDENT pro tempore. The proposed amendment
Mr. CULBERSON. There is another amendment on page
132, line 8.
will be read.
The S e c r e t a r y . Add at the end o f line 11, page 126, the fol
Mr. WARREN. I will say that perhaps the Senator did not
notice that we had passed to this point and turned back to the lowing proviso:
other.
Provided, That this inhibition shall not apply except in cases where
The PRESIDENT pro tempore. The other amendment on the persons appointed, designated, employed, or paid shall have pre
viously rendered service in connection with the same subject matter.
page 132 was formerly agreed to.
Mr.- WARREN. While the Senator from Texas is here I
Mr. SMITH o f Georgia. I do not think that covers it, Mr.
should like to turn back to the amendment on pages 125 and 126. President. I think the amendment should be th is :
It was under consideration for a few moments on Saturday
Provided, however, That anyone engaged in one line of public service
and was laid over. I will ask that the letter which I send to may be detailed to another at the same pay.
the desk, which is a short one, from the Attorney General be
I do not think a man who has been working as a district
read with reference to the paragraph.
attorney for the Government and who has gathered informa
The PRESIDEN T pro tempore. Without objection, the Sec tion on a fixed salary ought to be allowed to resign on account
retary will read as requested.
o f the information that he has obtained as district attorney
1912.
CON
_
to employ such expert and clerical assistance as said commission may
deem necessary, and to enable said commission to do any and all
things deemed necessary in connection therewith, $100,000.
The lJ±tESlI)EN r fTp roTtemijbre.“ ''7 fie ’ Senator from Georgia/
I
r
[Mr. B acon ] lias submitted a substitute for the committee
amendment. The Senator from Missouri proposes to modify
that substitute. The substitute as proposed to be modified w ill
be stated by the Secretary.
The Secretary read as follow s:
offered
tertain
gree to
ill read
To enable the Congress to secure needed information to assist it
m the enactment of laws prescribing customs duties to be levied on Georgia
imports and to assist the officers of the Government in administering
cue customs laws a commission, to be composed of five Senators to n Georae selected by the Finance Committee of the Senate and five Repre- »
sentatives to be selected by the W ays and Means Committee of the
L
riouse of Representatives, is hereby created and is hereby authorized
_
du, x vicontj iu say, uecause i am w illin g
to y ie ld m y ju dg m en t to th at o f others.
I w ou ld p re fe r the
o rigin a l, but I w ill, fo r the pu rpose o f m eeting the v ie w s o f
oth ers, a ccep t th at m odification .
The PR E SID E N T pro tempore. The question is on agreeing
to the substitute which has just been read.
Mr. W ARREN . I hope it may not carry.
Mr. SIMMONS. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BU RNHAM (when his name was called). I have a gen
eral pair with the junior Senator from M aryland [Mr. S m it h ].
I transfer it to the senior Senator from New York [Mr. R oot]
and will vote. I vote “ nay.”
/
Mr. CULLOM (when his name w as called). I have a gen
eral pair with the junior Senator from W est Virginia JSlr.
C hilton ].
I transfer it to the Senator from Oregon {M r.
B oukne] and will vote. I vote “ nay.”
Mr. JOHNSON o f Maine (when his name wT calle(|). I
as
have a general pair with the senior Senator from New) York
[Mr. R oot ]. I transfer it to the Senator from Maryland [Mr.
S m i t h ] and will vote. I vote “ yea.”
Mr. L IP P IT T (when his name was called). I have (i gen* oral pair with the senior Senator from Tennessee [M r .: L e a ].
In his absence I withhold my vote.
Mr. CH A M B ERLA IN (when Mr. O w e n ’ s name was called).
The Senator from Oklahoma [Mr. O w e n ] is paired with the
Senator from Nebraska [Mr. B r o w n ]. I w ill let the announce
ment stand for the day.
Mr. PENROSE (when his name was called ). I am paired
with the junior Senator from Mississippi [Mr. W il l ia m &L
who is absent. W ere I permitted to vote, I should vote “ nay.”
I withhold my vote.
Mr. REED . I understand the Senator from Michigan [Mr.
S m i t h ] is absent. During his absence I have a sort o f under
standing with him that I will not vote. I regard that as a
pair. I transfer the pair to the Senator from Florida [Mr.
B r y a n ] and will vote. I vote “ yea.”
Mr. SANDERS (when his name was called ). I have a pair
with the junior Senator from Indiana [M r. K e r n ] and there
fore withhold my vote. I f I were at liberty to vote, I should
vote “ na 3r.”
Mr. SIMMONS (when his name was called ). I have a gen
eral pair with the junior Senator from Minnesota [Mr. C l a p p ].
I transfer the pair to the junior Senator from Nebraska [Mr.
H it c h c o c k ] and will vote. I vote “ yea.”
Mr. SMOOT (when the name o f Mr. S m it h o f Michigan was
called ). The senior Senator from Michigan [Mr. S m i t h ] is
unavoidably detained from the Chamber. He has a pair with
the Senator from Missouri [M r. R eed ].
Mr. SM ITH o f South Carolina (when his name w as called).
I have a general pair with the Senator from Delaware [Mr.
R ich ard so n ]. I transfer it to the Senator from Maine [Mr.
G ardner ] and w ill vote. I vote “ yea.”
Mr. W A R R E N (when his name was called ). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F oster ],
who is absent. I transfer the pair to the Senator from Iowa
[M r. C u m m in s ] and w ill vote. I vote “ nay.”
Mr. W ETM O RE (when his name was called ). I have a gen
eral pair with the senior Senator from Arkansas [Mr. C l a r k e ].
I f I were at liberty to vote, I should vote “ nay.”
The roll call w as concluded.
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [Mr. O 'G o r m a n ]. I transfer the pair
to the Senator from South Dakota [Mr. G a m b l e ] and w ill vote.
I vote “ nay.”
Mr. D ILLIN G H AM . I desire to inquire whether the senior
Senator from South Carolina [Mr. T i l l m a n ] has voted?
The PR E SID E N T pro tempore. The Chair is informed that
lie has not.
SENATE.
9487
Mr. DILLING H AM . I w ill withhold my vote, as I have a
general pair with that Senator.
Mr. BR AD LEY . I am paired with the senior Senator from
Maryland [Mr. R a y n e r ]. I transfer the pair to the Senator
from Michigan [Mr. T o w n s e n d ] and w ill vote. I vote “ nay.”
Mr. M ARTIN E o f New Jersey. I have been requested to
announce that the junior Senator from Arkansas [Mr. D a v is ]
is paired with the Senator from Kansas [Mr. C u r t is ].
Mr. LODGE. My colleague [Mr. C r a n e ] is unavoidably ab
sent from the city. He stands paired with the Senator from
Oklahoma [Mr. G ore ], I f my colleague were present he would
vote “ nay.”
I have been requested to announce the follow ing p a irs:
The Senator from New Jersey [Mr. B riggs ] with the Sen
ator from W est Virginia [Mr. W a t s o n ].
The Senator from Nebraska [Mr. B r o w n ] with the Senator
from Oklahoma [Mr. O w e n ],
The Senator from Montana [Mr. D ix o n ] with the Senator
from Texas [Mr. B a il e y ].
The Senator from Colorado [Mr. G u g g e n h e im ] with the
Senator from Kentucky [Mr. P a y n t e r ].
Mr. SH IVELY. I wish to announce the pair o f my colleague
[M r . K e r n ] with the junior Senator from Tennessee [Mr.
S a n d e r s "] ,*
/
Tile result was announced— yeas 21, nays 31, as fo llo w s :
Borah
Bradley
Brandegee
Bristow
Burnham
Burton
Catron
Clark, Wyo.
Y E A S — 21.
Johnston, Ala.
Pomerene
Martin, Va.
Iteed
Martine, N. J.
Shively
Myers
Simmons
Overman
Smith, Ariz.
Percy
Smith, Ga.
N A Y S — 31.
Crawford
Lodge
Cullom
McCumber
Fall
McLean
Gallinger
Massey
Gronna
Nelson
Ileyburn
Oliver
Jones
Page
Kenyon
Perkins
Bailey
Bourne
Briggs
Brown
Bryan
Chilton
Clapp
Clarke, Ark.
Crane
Culberson
Cummins
Curtis
Davis
Dillingham
Dixon
du Pont
Foster
Gamble
Gardner
Gore
Guggenheim
Hitchcock
Ashurst
Bacon
Bankhead
Chamberlain
Fletcher
Johnson, Me.
Smith, S . \
Stone
Swanson
Poindexter
Smoot
Stephenson
Sutherland
Thornton
Warren
Works
NOT V O TIN G — 42.
Kern
La Follette
Lea
Lippitt
Newlands
O’Gorman
Owen
Paynter
Penrose
Rayner
Richardson
Root
Sanders
Smith, Md.
Smith, Mich.
Tillman
Townsend
W atson
Wetmore
W illiam s
S o 'M r . B acon ’ s substitu te w a s rejected .
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment o f the committee as amended.
Mr. STONE. I wish to offer an amendment, at the end o f
line 4, on page 3, to strike out “ $225,000 ” and insert “ $100,000,”
so as to read $100,000.
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from M issouri to
the amemiiuent.......... ..
The-fimendment was rejected.
The PRE SID EN T pro tempore. The question is on agreeing
to the committee amendment as amended.
Mr. REED. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. B R AD LEY (when his name was called). I transfer my
pair with the Senator from Maryland [Mr. R a y n e r ] to the
Senator from MlchlgaTt {M r. T o w n s e n d ] find w ill vote. I vote
“ yea.”
Mr. BRANDEGEE (when his name was ca lled ). I make the
same transfer as announced on the last roll call and w ill vote.
I vote “ yea.”
Mr. BURNHAM (when his name was ca lled ). I make the
same announcement as on the last roll call and w ill vote. I
vote “ yea.”
Mr. CULLOM (when his name w as called ). I transfer my
pair to the Senator from Oregon [Mr. B o u rn e ] and w ill vote.
I vote “ yea.”
Mr. D ILLIN G H AM (w hen his name was called ). Observing
that my pair, the senior Senator from South Carolina [Mr.
T i l l m a n ] is not present, I withhold my vote. I f lie w ere
present, I should vote “ yea.”
Mr. JOHNSON o f Maine (w hen his name was called). I trans
fer my pair with the Senator from New York [Mr. R oot ] to
the Senator from M aryland [Mr.* S m i t h ] and will vote. I vote
“ nay.”
CONGRESSIONAL RECORD— SENATE
9488
J uly 23,
The S e c r e t a r y , On page 2, line 13, before the word “ com
Mr. L IPPITT (when Ixis name was called). I again announcei
iny pair with the senior Senator from Tennessee [Mr. L e a ]. I pensation,” strike out the words “ rates o f ” and insert “ a.”
The amendment was agreed to.
will let the announcement stand for the day.
Mr. WARREN. The next amendment that we passed over
Mr. PENROSE (when his name was called). I again announce
m y pair with the junior Senator from Mississippi [Mr. W il is on page 105.
The PRESIDENT pro tempore. The amendment w ill be
l i a m s ].
Mr. REED (when his name was called). I make the same stated.
T h e S e c r e t a r y . On page 105, lines 7 to 12, as amended, the
announcement that I made when my name was called a few
moments ago, and transfer my pair with the Senator from Mich paragraph reads:
Purchase of motor boat, A la sk a : To enable the Commissioner of the
igan [Mr. S m i t h ] to the Senator from Florida [Mr. B r y a n ].
General Land office to purchase a motor boat for use in the District
I vote “ nay.”
of Alaska in the investigation of unlawful cutting of timber from the
Mr. SANDERS (when his name was called). I am paired public lands, the Inspection of timber cut under permit, and the ex
with the junior Senator from Indiana [Mr. K ern ] and there amination of alleged illegal entries, $5,000.
The PRESIDENT pro tempore. The question is on agreeing
fore withhold my vote.
Mr. SIMMONS (when his name was called). I transfer my to the amendment as amended. [Putting the question.] The
pa ir with the junior Senator from Minnesota [Mr. Cla pp ] to ayes appear to have it.
Mr. REED. I ask for a roll call.
the junior Senator from Nebraska [Mr. H itch co ck ] and will
The yeas und nays were not ordered.
vote. I vote “ nay.”
The PRESIDEN T pro tempore. The ayes have it, and the
Mr. SMITH o f South Carolina (when his name was hailed).
I again announce my pair with the junior Senator from Dela amendment as amended is agreed to.
ware [Mr. R ic h a r d s o n ] , which I transfer to the Senator from
Mr. WARREN. The next amendment is, on page 125, under
Maine [Mr. G a r d n e r ] and w ill vote. I vote “ nay.”
the heading “ Miscellaneous objects, Department o f Justice.” i
Mr. W ARREN (when his name was called). Under the same wish to say particularly to the Senator from Georgia [Mr.
arrangement for the transfer of pairs, I will vote. I vote S m it h ] that I am not certain whether he has had a conference
“ yea.”
with my colleague on the committee, the Senator from Texas
Mr. WETMORE (when his name was called). I make the [Mr. Culberson] -----same announcement that I did on the previous roll call. Were
Mr. SMITH of Georgia. No.
I at liberty to vote I should vote “ yea.”
Mr. WARREN. Whether he wishes both amendments made,
The roll call was concluded.
and to let them both go to the conferees, or to offer hy-j own
Mr. PERCY. My colleague [Mr. W il l ia m s ] is unavoidably amendment.
absent. He is paired with the senior Senator from Pennsyl
Mr. SM ITH o f Georgia. My suggestion would be that where
vania [Mr. P enrose ].
the time limit is placed at two years for the employment o f
Mr. LODGE. I desire to make the same announcement that anyone retiring from the department, it might well be reduced
I did on the former roll call. My colleague [Mr. C r a n e ] to six months. Then, with that amendment inserted reducing
stands paired with the Senator from Oklahoma LMr. G ore]. the time limit to six months, and the amendment offered by the
I f present, my colleague would vote “ yea.”
Senator from Texas, tiie amendment which I suggest to follow
Mr. SMITH o f Michigan. I should like to inquire whether immediately after, I think it would relieve-----the junior Senator from Missouri [Mr. R eed] has voted.
Mr. WARREN. I much prefer that the Senator’s amendment, ■
The PRESIDENT pro tempore. The Chair is informed that as he has shown it to me this morning, would go in about line G
.
he has voted, having transferred his pair.
Mr. SMITH of Georgia. I have tried to fix it at that part of
Mr. SMITH of Michigan. I am paired with the junior Sena the paragraph, but you will find that it cuts off the language
tor from Florida [Mr. B r y a n ]. I f he were present, I should following, and read, then, as a whole, it renders the language
vote “ yea.”
confusing. If placed at the conclusion o f ail the language, it is
Mr. BRxYDLEY (after having voted in the affirmative). I perfectly clear and does not prevent that which precedes from
transferred my pair to the Senator from Michigan [Mr. T o w n being clear.
send ] . As lie has come in and voted, I now withdraw my vote,
Mx-. WARREN. As I understand the Senator, then, he pro
but announce that if I were at liberty to vote I should vote poses to leave the part stricken out and to insert the other
“ yea.”
Mr. SMITH o f Michigan. Under the rule I feel at liberty to matter.SMITH o f Georgia. N o; I would leave the entire lan
Mr.
vote. I have no regular pair with the Senator from Florida guage as it came from the House, changed only by striking out
[Mr. B r y a n ].
tbe term “ two years ” and inserting “ six months ” as the
The PRESIDENT pro tempore. The Senator’s name will be
length of time for employment in the department that outside
called.
employment may be had, followed with the amendment o f the
The Secretary called the name o f Mr. S m it h o f Michigan,
Senator from Texas, which 1 suggest be read by the Secretary.
and he voted “yea.”
It follows immediately after the amendment which I offered.
The result was announced—yeas 34, nays 20, as fo llo w s:
Mr. WARREN. I suggest, if agreeable, that the Secretary
YEAS— 34.
read the whole paragraph as it would read if amended.
Borah
Culiom
McLean
Smoot
Mr. SMITH of Georgia. Yes; as it would read if amended,
Brandegee
Fall
Massey
Stephenson
reading “ six mouths ” instead of “ two years.” I think these
Bristow
Gallinger
Nelson
Sutherland.
amendments relieve the provision as it came from the House
Burnham
Gronna
Newlands
Thornton
Burton
Ileyburn
Oliver
Townsend
o f its objectionable features and preserve what is good in it, and
Catron
Jones
Page
Warren
also guard against the danger suggested by the Attorney General.
Chamberlain
Kenyon
Perkins
Works
Clark, Wyo.
Mr. WARREN. The Senator does not object to having the
Lodge
Poindexter
Crawford
McCumber
Smith, Mich.
paragraph read as it would read if amended, so that Senators
may understand it?
N AYS— 20.
Asliurst
Johnston, Ala.
Percy
Mr. SMITH of Georgia. Not at all.
Smith, Aria.
Bacon
Martin, Va.
Pomerene
Smith, Ga.
The PRESIDENT pro tempore. The paragraph will be read
Bankhead
Martino, N. J.
Reed
Smith, S. C.
as it would read if the amendments submitted by the Senator
Myers
Fletcher
Shively
Stone
Overman
Johnson, Me.
Simmons
from Georgia should be agreed to.
Swanson
The Secretary read as fo llo w s:
NOT VOTING— 40.
Bailey
Bourne
Bradley
Briggs
Brown
Bryan
Chilton
Clapp
Clarke, Ark.
Crane
Culberson
Cummins
Curtis
Davis
Dillingham
Dixon
du Pont
Foster
Gamble
Gardner
Gore
Guggenheim
Hitchcock
Kern
La Follette
Lea
Lippitt
O’Gorman
Owen
Paynter
Penrose
Rayner
Richardson
Root
Sanders
Smith, Md.
Tillman
Watson
Wotmore
Williams
So the committee amendment as amended was agreed to
Mr. WARREN. There is a committee amendment, on page 2,
line 13, to strike out the two words “ rates of ’ and insert the
article “ a.”
The PRESIDENT pro tempore. The amendment w ill be
sta ted.
MISCELLANEOUS o b je c t s , d e pa r tm e n t of j u s t i c e .
That no part of any appropriation made under this act for the
following purposes, namely, conduct of customs cases ; defending suits
and claims against the United States, detection and prosecution of
crim e; defense in Indian depredation claims ; enforcement of antitrust
la w s; suits to set aside conveyances of allotted land, Five Civilized
T ribes; enforcement of acts to regulate commerce; for payment of
assistants to the Attorney General and to United States district attor
neys employed by the Attorney General to aid in special cases; and
for payment of such miscellaneous expenditures as may he authorized
by the Attorney General for tbe United States courts and their ollicers; shall be used for the payment of any salary, fee, compensation
or allowance in any form whatever to any person who holds any other
office, place, position, or appointment under the United States Govern
ment, or any department thereof, or to anyone hereafter apeointed
designated, or employed, who within six months next preceding the
date of his appointment, designation, or employment has held any
other office, place, position, or appointment under the United States
1912.
A.
^
-SENATE.
_
Mr. JONES. I offer an amendment to confe in on page 116.
The P R E S ID E N T pTo' tempore. The amendment will be a
stated.
»
The S ecretary . On page 11G, after line 13, it is proposed to
insert the follow in g :
[j
Medical relief of natives of A la sk a : To enable the Secretary -of the
Interior, in his discretion and under his direction, to provide for the
medical and sanitary relief of the Eskimos, Aleuts, Indians, and other
natives of Alaska ; for erection, repair, rental, and equipment of hospital buildings ; for books and surgical apparatus ; for pay and necessary traveling expenses of physicians, nurses, and other employees, and
all other necessary miscellaneous expenses which are not included
under the above special heads, to be immediately available, JIQ^OOO..
g
g
f
Borah /
Bristow
Catrqii
Crawford
Offiberson
Cjummins
Gallinger
Bailey
Bjmkhead
Bradley
Brandegee
' Briggs
Brown
Burnham
Chilton
Clapp
Clark, W yo.
Gronna
Guggenheim
Kenyon
McCumber
Massey
Nelson
Oliver
N A Y S — 28.
Overman
Page
Paynter
Penrose
Perkins
Shively
Simmons
NOT VO TIN G — 38.
Hitchcock
Clarke, Ark.
Johnson, Me.
Crane
Cullom
Kern
Curtis
La Follette
Davis
Lea
Dixon
Lippitt
Foster
O’Gorman
Gamble
Owen
Gardner
Poindexter
Gore
Rayner
Smith, Ariz.
Smith, Ga.
Smoot
Stephenson
Sutherland
Warren
Works
Richardson
Root
Sanders
Smith, Md.
Stone
Watson
Wetmore
W illiam s
i hope the amendment will be agreed to.
The PR E SID E N T pro tempore. The question is on a
to the amendment proposed by the Senator from Was:
[Putting the question.] The Chair is in doubt.
/
Mr. KENYON. I ask for the yeas
The result having been announced— yeas 28, nays 26^-th e
The yeas and nays. were. oiudfeia^*mtT'We~'Seeretary proceeded
amendment was declared carried.
^
to call the roll.
The PRE SID EN T pro tempore subsequently sajd-f’ The Chair
Mr. B R A D L E Y (when his name was called ). Being paired
with the senior Senator from Maryland [Mr. R a y n e r ], I w ith calls the attention o f the Senate to the fact that -oh the vote upon
the amendment submitted by the Senator from Washington
hold my vote.
Mr. CULLOM (when his name was called ). I have a general [Mr. JoNEsT"there-was-a-.mistakff'Tn' the recapitulation, and it
pair with the Senator from W est Virginia [Mr. C h il t o n ]. I f appears that 2S Senators voted in the affirmative and 28 in the
negative.
at liberty to vote, I should vote “ yea.”
Mr. OVERMAN. I change my vote, then.
Mr. H EY BU R N (when his name was called). I have a gen
Mr. W ARREN . The amendment is lost on that statement.
eral pair w ith the senior Senator from Alabama [Mr. B a n k That exactly tallies w ith the tally o f the clerk o f the committee
h e a d ] . As I do not see him in the Chamber I withhold my
here at my side.
vote. I f I w ere at liberty to vote, I would vote “ yea.”
Mr. JONES.
I understand that the Senator from North
Mr. L IP P IT T (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L ea ] and Carolina desires to change his vote.
The PRE SID EN T pro tempore. It is too late for a vote to
therefore withhold my vote.
Mr. PEN ROSE (when his name w as called). I have a gen be changed..
Mr. LODGE. I f it is not too late to correct the record,
eral pair with the junior Senator from Mississippi [Mr. W il
l ia m s ].
I transfer it to the senior Senator from South Dakota it is not too late to change a vote.
Mr. OVERMAN. Unless I get unanimous consent to change
[Mr. G a m b l e ] and w ill vote. I vote “ nay.”
Mr. SANDERS (when his name was called). I am paired my vote, I will move to reconsider the vote by which the amend
with the junior Senator from Indiana [Mr. K e r n ] and there ment was agreed to.
The PRE SID EN T pro tempore. The Senator from North
fore withhold my vote.
Mr. SIMMONS (when his name was called). I transfer my Carolina moves to reconsider the vote by which the amendment
pair with the junior Senator from Minnesota [Mr. C l a p p ] to the was agreed to. That motion is in order.
Mr. OVERMAN. I say unless unanimous consent is given
Senator from Nebraska [Mr. H itc h c o c k ] and w ill vote.
I
me to change my vote I -will move to reconsider.
vote “ nay.”
The PRE SID EN T pro tempore. The Senator from North
Mr. W ETM O RE (when his name was called). I am paired
with the Senator from Arkansas [Mr. C larke ] and therefore Carolina moves to reconsider the vote by which the amendment
was agreed to. The question is on agreeing to the motion to
withhold my vote.
reconsider.
The roll call was concluded.
The motion to reconsider was agreed to.
Mr. BURNHAM. I am paired with the junior Senator from
The PRE SID EN T pro tempore. The question now is upon
M aryland [Mr. S m i t h ]. In his absence I withhold my vote.
Mr. BRANDEGEE. I am paired with the ju n ior Senator the amendment submitted by the Senator from Washington.
The amendment was agreed to.
from N ew Y ork [Mr. O ’ G o r m a n ]. Has that Senator voted?
Mr. JONES subsequently s a id : Mr. President, I ask to have
The PRE SID EN T pro tempore. The Chair is advised that
printed in the R ecord in connection with the amendment regard
he has not voted.
ing relief for natives o f Alaska the marked portion o f the letter
Mr. BRANDEGEE. I therefore withhold my vote. I f I
o f the Secretary o f the Treasury transmitting the estimate.
were at liberty to vote, I should vote “ nay.”
The PRE SID EN T pro tempore. W ithout objection permis
Mr. H EYBU R N (after having voted in the affirm ative). I
am inform ed that the Senator from Alabama [M r. B a n k h e a d 1 sion is granted.
The matter referred to is as fo llo w s :
with whom I am paired would vote “ yea,’ if present. So I
Dr. Foster's report emphasizes the fact which has been set forth for
desire to vote. I vote “ yea.”
vears past in the reports of the governor of Alaska, of the teachers of
Mr. WATSON. I have a general pair with the senior Sen United States public schools in Alaska, of medical officers of the Gov
ator from New Jersey [Mr. B riggs ], which I transfer to the ernment serving on revenue cutters in Alaskan waters, and of officers
of the Army stationed in Alaska, that the checking of disease among the
junior Senator from Montana [Mr. M y e r s ], and w ill vote. I natives of Alaska is an urgent national duty. In his annual report for
1911, the governor of Alaska repeats the following statement, which
vote “ yea.”
. . . .
Mr. SM ITH o f South Carolina. I have a general pair with appeared in his report for 1 9 1 0 :
“ The existence of infectious diseases, alarming in their nature and
the junior Senator from Delaware [Mr. R ich a r d so n ].
I wide prevalence among the native people, calls for vigorous action. The
transfer it to the Senator from Maine [Mr. G ardner ], and will menace of infection extends to the white inhabitants, for there are
vote. I vote “ yea.” I should like to have the announcement Indians, Eskimo, or Aleut villages in the immediate neighborhood of
nearly all the principal towns, and the natives mingle freely among the
stand for the day.
white in public places. The conditions have certainly not improved
Mr. M ARTIN E o f New Jersey. I have been requested to since 1908, when, in southeastern Alaska, a physical examination being
made by one of the school physicians of 1,161 natives, 418, or 36 per
announce the pair between the Senator from Arkansas [Mr. cent, were found to be affected with tuberculosis, and 308, or 26 per
D a v is ] and the Senator from Kansas [Mr. C urtis ].
I ask cent, were found to be affected with venereal diseases. Among other
diseases prevalent in southeastern Alaska, as well as in several other
that the announcement stand for the day.
parts of the Territory, are trachoma and conjunctivitis; and in the
Mr. WATSON. I desire to ann oun ce the absence o f my c o l Alaska Peninsula are several cases, which, after long and careful ex
amination are strongly suspected to be leprosy.
leagu e [Mr. C h il t o n ] on a ccou n t o f illness.
'"x “ There is no law which requires the natives to observe any of the
Mr. W ATSON (after having voted in the a f f i r m a t i v e ) . . The ordinary rules of sanitation, and their unfortunate condition'is often
Sena, tor from Montana [Mr. M y e r s ] having voted, I withdraw traceable directly to the filthy condition of their villages and the
dwellings in which they live. Yet these people are generally respectful
iay vote.
of the iaw, and a simple set of statutory requirements imposing a mild
The roll call resulted— yeas 2S, nays 28, as follow s:
penalty for nonobservance would unquestionably cause a great im
Y E A S — 28.
Ashurst
Bacon
Bourne
Bryan
Burton
Chamberlain
Dillingham
du Pont
Fall
Fletcher
Heyburn
Johnston, Ala.
Jones
Lodge
McLean
Martin, Va.
Martino, N. J.
Myers
Newlands
Percy
Pomcrene
Reed
Smith, Mich.
Smith. S. C.
Swanson
Thornton
Tillman
Townsend
provement in sanitary conditions. The welfare of the white inhabitants,
as well as that of the natives, demands such a law ”
Realizing the absolute necessity for action, the Bureau of Education,
under a favorable decision from the Comptroller of the Treasury, is
using
of the appropriation for the education of natives of
Alaska, 1912, in endeavoring to furnish medical relief to the natives of
Alaska. It has established small hospitals for natives in .rented build
ings iu Juneau and N ushagak; it employs five physicians and five
nurses and has furnished medical supplies and manuals to the teachers
£
9524
CONGRESSIONAL RECORD— SENATE.
lias placed them in a so-called omnibus bill. Finally they have
gone through in the usual way, with the limit expressed iQ
every case, just as the limit is expressed in the matter o f river
and harbor improvements. After that the appropriations have
been carried in the sundry •civil appropriation bill in such
amounts from time to time as the department recommends, g0_
ing up to and not beyond the limit.
Undoubtedly there will not be at this session an omnibus
public-buildings bill. I am very sorry there was not such a
hill sent over here to cover what I might call the shortages-,
that is to say, where the circumstances are as they are in the
town o f Albany, in Oregon. There are some cases that are even
much more urgent than the case the Senator from Oregon has
stated, and his is urgent. But the committee could not con
sider them because, in the first place, it is trenching not only
upon the duties but upon the rights and privileges o f another
committee. The Committee on Public Buildings and Grounds
has jurisdiction as to the limit o f cost o f these buildings. \y6
have no estimates for them. It is really changing the law. i f
the Senator will reflect he will see that the Committee on Ap
propriations would simply be swamped and overcome all tbe
time by these additions for rivers and harbors and public
buildings.
Therefore I shall have to make a point o f order against the
amendment.
Mr. CHAMBERLAIN. Mr. President-----Mr. WARREN. I shall withhold it for the Senator. #
Mr. CHAMBERLAIN. In this connection permit me to say
that when the Senator states there has been no estimates, as a
matter o f fact before the appropriation was made an estimate
as to the cost o f the building was made by the officials from
the Treasury Department. The trouble does not re3t, Mr. Presi
dent, with tlie citizens o f the places who are asking that these
appropriations be made, but the trouble lies with Congress.
When an appropriation is made for a public building the esti
mates have been made by the Treasury Department, and Con
gress assumes to know more about it, usually, than either the
officials o f tlie Treasury Department or the people themselves
o f the town.
So it was in this case. Here was a case where the Treasury
Department determined that it wouki cost $75,000 to put up
a public building for the post office alone; $10,000 was expended
for the site. Congress comes in and appropriates less than the
amount estimated for by the Treasury Department and less
than the amount demanded by the people o f the city.
In the face o f that, and after the Secretary o f Agriculture
comes in and asks that this building be utilized not only for the
post-office authorities but in order to accommodate his de
partment, it seems to be an unbusinesslike proposition at least to
say that we will not only not give you enough to construct a
building to accommodate tlie Agricultural officials, but we will
not give you enough to complete the post-office building in
accordance with the original design of the Treasury Department.
I think there is a difference between this case and many 0f
the cases that are pending before the committee. It seems to
me to be extremely bad business policy for the Government of
the United States to now permit a building to go on and be
completed, in the face o f what the Supervising Architect says
and in the face o f what those say who know the situation as
it exists, on tlie ground that it is absolutely too small to ac
commodate the post-office business alone, to say nothing of the
service o f the Agricultural Department, too. So Congress must
be called upon in a very short time at least to tear down the
building, as was done in one o f the North Carolina cases, and
erect one that will accommodate the Post Office Department and
accommodate the Agricultural officials as well.
I do hope the Senate will permit the addition o f this small
amount, because, as I said a while ago, the bids have been
received and are on file in the Treasury Department, and every
thing is awaiting the action o f Congress, with reference to this
small appropriation.
Mr. DU PONT. I should like to ask the Senator from
Oregon what is the additional amount asked for.
Mr. CHAMBERLAIN. Only $10,000.
Mr. WARREN. It is not a matter o f $10,000 alone.
The PRESIDENT pro tempore. In view o f the statement
made by the Senator, that it has been estimated for, the Chair
will hear the chairman on that point.
Mr. WARREN. It has not been estimated for in the regular
way. What the Senator means by an estimate is the original
statement from the Treasury Department, which goes from the
architect’s office to the Committee on Public Buildings and
Grounds, stating about what certain buildings will cost, but
not requesting appropriations. That has nothing to do with
the regular annual estimates which come up to the Committee
of the United States public schools in order to enable them to treat
minor ailments, and it is doing what it can to introduce sanitary
methods of living into the native villages. Under the comptroller's de
cision, to which reference has been made, the Bureau of Education can
not, according to the language of the appropriation, erect hospitals in
Alaska.
The use of part of the appropriation for the education of the natives
of Alaska for the suppression of disease is an emergency measure. The
entire appropriation for education in Alaska is urgently needed in
order to provide adequate educational facilities and for the industrial
development of the native population, and it should not be diminished.
I therefore earnestly recommend that Congress be requested to ap
propriate the sum of $70,000 in order to enable the Commissioner of
Education, subject to the approval of the Secretary of the Interior, to
furnish medical and sanitary relief to the natives of Alaska and to
establish sanitary conditions in the native villages.
The following is an estimate of the expenditure of the appropriation
desired:_________________________
Juneau Hospital, rental and maintenance______________ 1__________$3, 000
3, 000
Nushagak Hospital, rental and maintenance_______________-_______
Nulato Hospital, equipment and maintenance__________________ 3, 000
Nome Hospital, equipment and maintenance___________________3, 000
3, 000
Kotzebue Hospital, equipment and maintenance_________________
Physician, southeast district, salary----------------------------------------------- 1, 800
3 , 600
3 nurses, southeast district, salaries---------------------------------------------Physician, southwest district, salary----------------------------------------------1 , 800
2 nurses, southwest district, salaries----------------------------- --- ------------2, 400
Physician, Kuskokwim district, salary------------------------------------------- 1 , 800
__
J ,8 0 0
Physician, Yukon district, salary------------------------------- ----------Nurse, Yukon district, salary----------------------------------------------------1 , 200
Physician, Nome district, salary--------------------------------------- I ~ _ I __ 1, 800
Nurse, Nome district, salary------------------------------------------ -------2___ _ 1, 200
Physician, Kotzebue district, salary____________________ _________”
l , 800
Z1
1 , 200
Nurse, Kotzebue district, salary_______________________ Z Z ____”
Medicines------------------------------------------------------------------------- I
“
’’
4, 000
Traveling expenses of Public Health and Marine-Hospital Serv
ice surgeon--------------------------------------------------------------------------------------i ; 500
Traveling expenses of physicians, nurses, and patients__________ 2 ,1 0 0
Contract hospital, Seward or Valdez_______________________________ 2, 000
1 , 000
Contract doctors--------------------------------------Sanitarium, erection and equipment------------------------------------------------- 12, 000
Sanitarium, maintenance and salaries of attendants_______________ 12, 000
T otal__________________________________________________________■ 70, 000
Upon the request of the Secretary of the Interior, the Secretary of
the Treasury has expressed his willingness to detail to Alaska an offi
cer of the Public Health and Marine-Hospital Service, who, in addition
to his duties as representative of the Public Health and Marine-Hos
pital Service, shall supervise all measures for the medical and surgical
relief of the natives of Alaska, and where necessary in such work
prescribe in the native villages measures to prevent the spread of dis
ease, act as instructor to the teachers of the United States public
schools in Alaska in all matters pertaining to the sanitary education
of the natives, give instructions to teachersi in first aid to the injured
or sick, and act in a general advisory capacity to the superintendent
of education of natives of Alaska in all matters pertaining to sanita
tion, hygiene, maintenance of hospitals, and other matters of like
character.
If the appropriation requested above is granted, It is proposed that
it shall lie expended under the immediate supervision of said officer of
the Public Health and Marine-Hospital Service.
Very respectfully,
P. P. ClAxton , C om m issioner.
Mr. CHAMBERLAIN. I desire to offer an amendment.
The PRESIDENT pro tempore. The amendment will
stated.
The S e c r e t a r y . On page 22, after line 2, insert:
be
Albany, Orcg., post office : For additional cost of building, $10,000.
Mr. CHAMBERLAIN. Mr. President, in reference to the
amendment, I desire to submit that $65,000 was appropriated
for the post-office building and the site. Ten thousand dollars
o f the amount was expended for the site and $55,000 was left
for the erection o f the building. After a building costing
$55,000 bad been determined upon, for the post office only, the
Secretary o f Agriculture asked that the building might be en
larged for the purpose o f accommodating his force there. He
has people in the Forestry Service there, and he asked to have
it increased from the original size, making it a two-story build
ing instead o f one story.
The Supervising Architect advertised for bids, and the cost of
construction ran a little above the amount o f the appropriation.
The bids have not been rejected, but it has been in statu quo
in the hope that Congress might appropriate enough to erect a
building large enough not only to accommodate the post-office
authorities, but the authorities o f the Agricultural Department.
I hope the Senate may he willing to admit this amendment
to the bill, so that the building may bo erected for both pur
poses.
In addition to that, since 1910 the town has grown quite con
siderably, so that even as a post-office proposition the building
would be hardly large enough, and certainly it is not large
enough for post-office purposes and for the purposes o f the
Forestry Service.
Mr. WARREN. Mr. President, this represents a case that is
similar to a good many. In fact, the whole line o f public build
ings has seemed to be subject to conditions o f this kind. The
system o f constructing general public buildings for some years
has been, on the Senate side, that bills were passed individually,
providing for one building in each bill, and then sent to the H ou se;
and the House, when ready to take up the public-building hills,
J uly 24,
CONGRESSIONAL RECORD— SENATE.
which the Senator from Texas [Mr. Culberson] demands the
yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
• ,
Mr. BRAN D EG EE (when his name was called). I am paired
with the junior Senator from New York [Mr. O’Gorman ]. I f
he were present and I were at liberty to vote, I should vote
“ yea.”
Mr. BURNHAM (when his name was called). I am paired
with the junior Senator from M aryland [Mr. S m i t h ] and there
fore withhold my vote. I f allowed to vote, I should vote “ yea.”
Mr. LODGE (when Mr. C rane ’ s name was called ). My Col
league [Mr. Crane ] is unavoidably absent from the city. Hfe is
paired with the Senator from Oklahoma [Mr. Gore], I f :my
colleague were present he would vote “ yea.”
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from W est Virginia [Mr. C h i l t o n ]
and therefore withhold my vote.
Mr. IIEY BU RN (when Bis name was called). I would in
quire i f the senior Senator from Alabama [Mr. B a n k h e a d ] has
voted ?
The P R E SID E N T pro tempore. H e has not voted, the Chair
Is advised.
Mr. IIEYBU RN . I have a pair w ith that Senator and there
fore withhold my vote.
Mr. JOHNSON o f Maine (w hen his name was called). I
have a general pair with the Senator from New York [Mr.
B oot] and therefore withhold my vote.
Mr. L IP P IT T (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L ea] , I f at
liberty to vote, I should vote “ jma.”
Mr. PEN ROSE (when his name was called ). I again an
nounce the transfer o f my general pair with the junior Senator
from Mississippi [Mr. W il l ia m s ] to the senior Senator from
South Dakota [Mr. G amble ]. I w ill let this announcement
stand for the day, and w ill vote on all questions during the day.
I vote “ yea.”
Mr. DU PONT (when Mr. R ichardson ’ s name was called).
My colleague [Mr. R ichardson ] is necessarily absent from the
city. He is paired w ith the junior Senator from South Caro
lina [Mr. S m i t h ]. I f my colleague were present and at liberty
to vote, he would vote “ yea.”
Mr. SANDERS (when his name was called). I am paired
with the junior Senator from Indiana [Mr. K ern ] and there
fore withhold my vote.
Mr. SM ITH o f South Carolina (when his name was called).
I have a general pair with the junior Senator from Delaware
[Mr. R ichardson ], and in his absence I withhold my vote. I f
permitted to vote, I should vote “ nay.”
Mr. STONE (when his name was called). I have a general
Pair with the Senator from W yoming [Mr. C l a r k ] , He is
absent from the Chamber, and I am advised w ill be detained
during the day. I therefore withhold my vote. I desire this
announcement to stand for the day.
Mr. W A R R E N (when his name was called). I have a general
Pair with the senior Senator from Louisiana [Mr. F oster].
I transfer the pair so that the Senator from Louisiana w ill
stand paired with the Senator from Washington [Mr. P oin
d e x t e r ] , and I w ill vote.
I vote “ yea.”
Mr. W ATSON (when his name was called). I have a general
pair with the senior Senator from New Jersey [Mr. B riggs]
and therefore withhold my vote. I f at liberty to vote, I should
yote “ nay.”
Mr. W ETM O RE (when his name was called ). I have a gen
eral pair with the senior Senator from Arkansas [Mr. Clarke ]
and therefore withhold my vote.
Mr. PERCY (when the name of Mr. W illiam s was called).
I desire to announce that my colleague [Mr. W il lia m s ] is
unavoidably absent from the city and is paired with the senior
Senator from Pennsylvania [Mr. P enrose.] This announcement
Will stand for the day.
The roll call w as concluded.
Mr. JONES. I desire to state that my colleague [Mr. P oin
dexter ] is detained from the Chamber by important business.
I f he were here, I think he would vote “ yea ” on this proposi
tion.
Mr. D ILLIN G H AM (after having voted in the affirmative).
I find m yself obliged to withdraw my vote owing to the absence
e f the Senator from South Carolina [Mr. T il l m a n ], w ith whom
I am paired.
, .. J
Mr. SIMMONS. I voted a while ago, and I wish to state that
I have a general pair with the ju n ior Senator from Minnesota
I Mr. C lapp ], I transfer the pair to the junior Senator from
Nebraska [Mr. H itchcock ] and w ill let my vote stand. I will
let this announcement stand as to all votes upon this bill.
J uly 24,
The result w as announced— yeas 34, nays 19, as fo llo w s :
Y E A S — 34.
McLean
Massey
Nelson
Newlands
Oliver
Page
Penrose
Perkins
Smith, Mich.
Borah
Bourne
Bristow
Burton
Catron
Chamberlain
Crawford
Cummins
du Pont
Fall
Gatlinger
Gronna
Guggenheim
Jones
Kenyon
La Follette
Lodge
McCumber
Ashurst
Bacon
Bryan
Culberson
Fletcher
N A Y S — 19.
Gardner
Paynter
Johnston, Ala.
Percy
Martin, Va.
Pomerene
Myers
Reed
Overman
Shively
Bailey
Bankhead
Bradley
Brandegee
Briggs
Brown
Burnham
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
NOT V O T IN G — 41.
Johnson, Me.
Crane
Cullom
Kern
Lea
Curtis
Lippitt
Davis
Dillingham
Martine, N. J.
O’Gorman
Dixon
Foster
Owen
Gamble
Poindexter
Gore
Rayner
Heybnrn
Richardson
Hitchcock
Root
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Works
Simmons
Smith, Ariz.
Smith, Ga.
Swanson
Sanders
Smith, Md.
Smith, S. C.
Stone
Tillman
Watson
Wetmore
W illiam s
So the amendment was concurred in.
The PRE SID EN T pro tempore. The next reserved amend
ment w ill be stated.
Mr. REED. Mr. President, the amendment that I ca l led
attention to, upon which we are abou.t to vote, is th e ‘one to pur
chase a motor boat to be used in Alaska. It was discussed
at great length here one day, and we adjourned ju st before the
vote w as taken.
I do not think we ought to buy this boat unless we are going
to equip it with proper armament to shoot ducks, because I
think that is the purpose for which the boat is intended to be
................
used.
I ask for tlip yeas and nays upon the question o f concurring
in thejyaendm ent made as in Committee o f the Whole.
JUrU P RE SID EN T pro tempore.
The amendment w ill be
stated.
The S ecretary. On page 105, beginning in line 7, as amended,
the amendment reads:
Purchase of motor boat, A la s k a : To enable the Commissioner of the
General Land Office to purchase a motor boat for use in the District of
Alaska in the investigation of unlawful cutting of timber from the public
lands, the-inspection of timber cut under permit, and the examination
of alleged illegal entries, $5,000.
Mr. NELSON. Mr. President, I desire to make a brief ex
planation relating to the necessity for this amendment.
People who are fam iliar w ith the maRD.f-AhuskftlmoW"There is
a narrow strip along the Pacific coast, southeast o f the one
hundred and forty-first meridian, which consists in the main o f
an archipelago. There is a strip along the mainland with a
great many inlets and bays. The boundary line is ju st back o f it
on the summit. Most o f the timber iu southeastern Alaska—
in fact, in Alaska— is confined to those islands. There is but
one steamship route that runs from Seattle by w ay o f Victoria
along the inner passage up to Skagway at the head o f the new
canal. That boat only stops along a few o f the principal places
on the main route and does not touch most o f these islands.
Now, a boat o f this kind is as necessary there as a horse and
buggy or an automobile would be on the dry land. The only
way o f getting to those islands is in some kind o f water craft,
some kind o f a boat, and the regular steamboat plying there on
the regular route does not touch these islands. The only w ay
they can be reached is by some kind o f a boat, and I think, as
a matter o f economy to the Government, the officers need and
should have such a boat to go from one island to another in
that archipelago.
The conditions there are entirely distinct and different from
those existing in any other part o f the country. The distance
by the inner passage from Seattle to Skagway is about a thou
sand miles, and over half o f that distance is between the
mouth o f the Portland Canal and the front o f Cape St. Elias,
where the one hundred and forty-first meridian o f longitude
constitutes the boundary line between that country and the
Yukon territory. In all that region in that archipelago the only
w ay o f getting from island to island and from point to point is
by some kind o f water craft.
Now, i f the Government has its own boats it w ill manifestly
he a saving o f expenses, as compared with hiring other boats,
if such can be procured. I doubt whether any other boats can
be secured there, except boats run by private parties, and per
haps they w ill be.sailboats and in some instances, where the
distance is short, rowboats.
1912.
CONGRESSIONAL RECORD— SENATE.
line 8, will be reg#fisMered, and the amendment will be con
sidered as open ^am endm ent. The question is unem :he -amend
ment to the ammitknent, submitted.by the Sena^r from Texas,
wbicjj
The Secretary. 'On page 57, line S fafter the sum “ .$50,000,’
It is proposed to insert
^ P ro v id e d , That this money shall b6 p a i d L ^ d l i e /t W t p 'p i n e trea|
ispute the
Mr. BAJCON. I do nc
but I am/mily showhqu ow absolut
er Yms/nii*ipoors
9527
r’s statement at all
thoroqghlyJ,he nja£
The- PRES&SJNT pro tempore. Does the Senator
Georgia^-ie&Dfo the Senator from Idaho?
f l ’Olv
t e s t ,
tA If^M rT 'jtfesident, I understood that the $250,Ooo
which was appropriated for an exposition or for a celebration
Mr. WAItREN. I do n ot want that amendment to the amend was based on the ^Opposition that it was to carry out existing
ment to carry, antL_L -believe the Senator from Texas, on re law. Do I understand now that there is no law for it?
flection, w ill hardly think it ought to carry. As he is franl
Mr. BACON. None.
enough to say he is against the whole proposition, of course
Mr. BORAH. And the House has not passed the bill?
that amendment to the amendment would perhaps accomplish
Mr. BACON. It has not.
the purpose o f making the amendment useless. The railroad
Mr. BORAH. Of course, I did not understand the Senator
proposed to be built by the United States is exactly the same from Wyoming to say that it was existing law, but the impres
in principle as the railroad system at Fort Leavenworth and sion on this side was that such a law had been passed. p roi ’
other large Army posts. Its usefulness is almost entirely for some source or other we got that impression.
the Government itself, and it simply happens that it involves
Mr. WARREN. I said, nothing Whatever o f that kind; but
not any more miles o f railroad than there are, perhaps, in other I think the Senator from Kentucky LMr. B r a d l e y ] remarked
places, but is in one line, a narrow-gauge railroad for the use that the bill had passed the Senate, which, I believe, is true
o f the Government. The matter will be settled, I want to say I may be mistaken, but I know that I said nothing about it.
to the Senator, eventually, without doubt, by its going to the
Mr. BACON. It is a simple matter to reserve that amend
Philippines and their paying for it; but at present there is no
way by which it could be handled as the Senator proposes. So ment in the Senate.
The PRESIDENT pro tempore. I f there are no further
I hope the amendment' may not carry.
Mr. BACON. Mr. President, I have something I want to say amendments the bill will be reported to the Senate.
Mr. REED. I f it is necessary to give any notice, I desire
on this question, but I prefer to wait until the bill goes into
the Senate, when the whole matter will be open. I have some to say that I want to reserve the right to vote in the Senate
other matters to urge upon the consideration o f the Senate as on the amendment on page 105, providing for the purchase of a
to why this railroad should not be built, but I w ill not detain motor boat for Alaska.
Mr. CULBERSON. I desire to reserve the amendment, be
the Senate now to do so
The PRESIDENT pro tempore. The question is on the ginning after line 10, on page 2, relating to the Tariff Board.
The PRESIDENT pro tempore. I f there are no further
amendment submitted by the Senator from Texas to the amend
amendments to be offered the bill will be reported to the Senate.
ment of the committee.
The bill was reported to the Senate.
The amendment to the amendment was agreed to.
The PRESIDENT pro tempore. The amendments not re
The amendment as amended was agreed to.
served will, without objection, be concurred in in the Senate
The PRESIDENT pro tempore. I f there be no further amend
The Senator from Texas reserves an amendment, which wili
ments, the bill w ill be reported to the Senate.
Mr. BACON. Mr. President, before the bill passes from the be stated.
Senate as in Committee o f the Whole I desire to give notice
The S ecretary '. On pages 2 and 3, the amendment o f the
that I wish to reserve the right to object to the amendment committee relating to the Tariff Board.
adopted with reference to the construction of the railroad in
Mr. CULBERSON. Mr. President, I ask for the yeas and
the Philippines. I also want to call attention to another fact. nays on that amendment.
I f I am correct in my opinion, the Senator from Wyoming pos
The PRESIDENT pro tempore. The amendment will be
sibly was misled as to the facts in stating that the appropria stated.
tion which was asked for by the Senator from Kentucky [Mr.
Mr. REED. I raise the question o f no quorum.
I do not think the
B r a d l e y ] was to carry out existing law.
Mr. SMOOT. I suggest that the calling o f the roll win
law has been passed. The bill has passed the Senate, but it disclose that.
has not passed the House.
The PRESIDENT pro tempore. The Senator from Missouri
Mr. WARREN. To which law does the Senator from Georgia raises the question of a quorum. The roll will be called.
refer?
Tbe Secretary called the roll, and the following Senators
Mr. BACON. The law with reference to that exposition.
answered to their names:
Mr. WARREN. The Senator is mistaken. I made no such Ashurst
du Pont
Martine, N. J.
Smith, Ga
Massey
Fall
Smith, Mich.
reference. The language the Senator is quoting was directed Bacon
Fletcher
Nelson
Smith, S. C.
Bankhead
to the amendment providing for the collection o f statistics con
Gal linger
Newlands
Smoot
Borah
cerning leaf tobacco, which is provided for in the law. As to Bourne
Gronna
Oliver
Stephenson
Guggenheim
Overman
Sutherland
the other subject, I said it was a large matter, and I did not Brandegee
Page
Ileyburn
Swanson'
Bristow
like to take the responsibility, and I asked that it might go to Bryan
Johnston, Ala.
Paynter
Thornton
the Senate for a vote.
Penrose
Jones
Townsend
Burnham
Percy
Kenyon
Warren
Mr. BACON. Immediately thereafter, as it was about to be Burton
Perkins
La Follette
Watson
Catron
put, I got up and, having reference to that, asked that we might Chamberlain
Pomerene
Lippitt
Wetmore
have information about it. Certainly if it related to the other Crawford
Heed
Lodge
Works
Shively
McCumber
matter, we did not correctly understand it on this side o f the Culberson
Simmons
McLean
Cummins
Chamber.
Smith, Ariz.
Martin, Va.
Dillingham
Mr. WARREN. Did the Senator direct his appeal to me for
Sixty-one Senators have
The PRESIDENT pro tempore.
information? I f so, I did not observe it.
answered to their names. A quorum o f the Senate is present.
Mr. BACON. I did have the Senator in my mind, although
The PRESIDENT pro tempore. The Senator from Texas de
I did not name h im ; but when I made the request and the mands the yeas and nays on the first reserved amendment, which
Senator from Kentucky responded, o f course I thought that
will be stated.
response was to the inquiry I made.
The S e c r e t a r y . It is the committee amendment on pages 2
Mr. WARREN. Mr. President, if the Senator will reflect, he
will remember that there were two amendments, and it was to and 3, which, as amended, reads as fo llo w s:
To enable the President to secure information to assist him in the
the first one that I directed my remarks.
discharge of the duties imposed upon him by section 2 of the act en
Mr. BACON. I know nothing about that. The Senator titled “ An act to provide revenues, equalize duties, and encourage the
stated it was a very grave matter and he would submit it to industries of the United States, and for other purposes,” approved
of the Government in
the Senate, and immediately, as I think the R ecord will show, August 5, 1909, and the officersinvestigations of the cost administering
the customs laws including such
of production
the Chair proceeded to put the question. Before the result was of commodities, covering cost of material, fabrication, and every other
announced I said I would like to have some information about element of such cost of production, as are authorized by said act or
existing law, and
of such persons as
it. I had in mind that alone, and when the Senator said that it anyrequired for those including ;the employment him to do any andmay
be
purposes and to enable
all
was to carry out existing law I sent for the document, and I find things in connection therewith authorized by law, $225,0U0. Such
officers shall report annually to Congress.
that it has only passed the Senate.
Mr. WARREN. I did not say that it was to carry out ex
The PRESIDENT pro tempore. Tbe question is on concur
isting law in that case, and the R ecord will so show.
ring in tlie amendment made as in Committee o f tbe Whole, on
X L V III------ 599
1912.
CONGRESSIONAL RECORD— SENATE.
I think there is an absolute necessity fo r this boat, growing
out o f the conditions in Alaska, and for that reason I am in
favor o f the amendment.
The PRE SID EN T pro tempore. On the question o f con
curring in the amendment made as in Committee o f the Whole,
the Senator from Missouri [Mr. I veed ] demands the yeas and
nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BRAN D EG EE (when his name was called). i ag&Uv-flTiO’ Goe*u lr .iv l^ the Senator from
a
I make the
Mr. BURNHAM (when his name was called)
same announcement as on the last roll call, that I am paired
with the Senator from Maryland [Mr. S m i t h ] .
Mr. W ATSON (when Mr. C h i l t o n ’ s name was called). I
again announce the absence o f my colleague [Mr. C h i l t o n ] , on
account o f personal illness. He is paired with the senior Sena
tor from Illinois [Mr. C u l l o m ].
Mr. LODGE (when Mr. C r a n e ’ s name was called ). I desire
to announce the general pair o f my colleague [Mr. C r a n e ] with
the Senator from Oklahoma [Mr. G o re ]. I w ill also at the
same time announce the follow ing pairs:
The Senator from Nebraska [Mr. B r o w n ] is paired with the
Senator from Oklahoma [Mr. O w e n ] .
The Senator from Kansas [Mr. C u r t i s ] is paired with the
Senator from Arkansas [Mr. D a v i s ].
The Senator from Montana [Mr. D i x o n ] is paired with the
Senator from Texas [Mr. B a i l e y ].
I w ill let this announcement stand for the day on all votes
upon the bill.
Mr. D ILLIN G H AM (when his name was called). I w ith
hold my vote on account o f the absence o f the senior Senator
from South Carolina [Mr. T i l l m a n ] , with whom I have a gen
eral pair. I would vote “ y e a ” i f he were present.
Mr. JOHNSON o f Maine (when his name w as called). I
again announce my pair with the senior Senator from New
York [Mr. R o o t ] .
Mr. L IP P IT T (when his name was called). I again an
nounce my pair with the Senator from Tennessee [Mr. L ea ].
Mr. SANDERS (w hen his name was called ). I am paired
with the junior Senator from Indiana [Mr. K e r n ] and w ith
hold my vote. I should vote “ yea ” if I were at liberty to vote.
Mr. SM ITH o f South Carolina (when his name w as called).
I again announce my pair with the junior Senator from Dela
ware [Mr. R ic h a r d s o n ].
Mr. W ATSON (when his name was called). I transfer my
general pair with the senior Senator from New Jersey [Mr.
B r ig g s ] to the junior Senator from New Jersey [Mr. M a r t i n e ]
and vote “ nay.”
Mr. W ETM O RE (when his name was called ). I again an
nounce my pair with the Senator from Arkansas [Mr. C l a r k e ],
I f I were at liberty to vote, I would vote “ yea.”
The roll call w as concluded.
Mr. CULLOM. I have a general pair w ith the Senator from
W est"Virginia [Mr. C h i l t o n ] , and withhold my vote.
' Mr. B R A D L E J ^ . -I- slrotiTtr like- fO '*tale that being paired
with the senktf Senator from Maryland [M L-'R axjjer] I with
hold m]
Tin esult was announced— yeas 30, nays 22, as follow s: • A
Y E A S — 30.
Bourne
diristow
Burton
Catron
Chamberlain
Crawford
Cummins
du Pont
Nelson
Oliver
Page
Paynter
Penrose
Percy
Perkins
Smith, Mich.
Fletcher
Gallinger
Gronna
Guggenheim
Jones
Lodge
McCumber
McLean
Smoot
Stephenson
Sutherland
Townsend
Warren
Works
N A Y S— 22.
Ashurst
Bacon
Bryan
Culberson
Pall
Gardner
Heyburn
Johnston, Ala.
Ivenyon
Martin, Va.
Massey
Myers
Bailey
Bankhead
Borah
Bradley
Brandegee
Briggs
Brown
Burnham
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
Crane
Cullom
Curtis
Davis
Dillingham
Dixon
Poster
Gamble
Gore
Hitchcock
Overman
Pomerene
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Swanson
Thornton
Watson
NOT V O T IN G — 42.
Johnson, Me.
Kern
La Follette
Lea
Lippitt
Martine. N. J.
Newlands
O’Gorman
Owen
Poindexter
Rayner
So the amendment was concurred in.
Richardson
Root
Sanders
Smith, Md.
Smith, S. C.
Stone
Tillman
Wetmore
W illiam s
\
The PRE SID EN T pro tempore. The hour o f 1 o’clock hav
ing arrived, the Chair lays before the Senate the unfinished
business, which w ill be stated.
The S e c r e t a r y . A bill (PI. R. 219G9) to provide for the open
ing, maintenance, protection, and operation o f the Panama
Canal, and the sanitation and government o f the Canal Zone.
Mr. BRANDEGEE. I ask unanimous consent that the un
finished business may be temporarily laid aside.
The PRE SID EN T pro tempore. The Senator from Connecti
cut asks unanimous consent that the unfinished business be
tem porarily laid aside. Is there objection? The Chair hears
none.
Mr. SM ITH o f South Carolina. I have here a communica
tion which I should like to have read, and the last clause in
small type I propose as an amendment to come in on page 171,
after line 7.
The PRE SID EN T pro tempore. W ill the Senator kindly
withhold it until reserved amendments are acted upon?
Mr. SM ITH o f South Carolina. I thought w e were through
w ith those."
Tfie'TRE SIL»EN T pro tempore. Are there further reserved
amendments?
Mr. BACON. I do not know which amendment is first in
order, hut there are two I am interested in. One is in regard
'to the building o f the railroad in the Philippine Islands, on
page 57. I want to suggest something about it, to see whether
I am correct in it or not. The Senator from Wyoming, if I
recollect correctly, stated that that was the post at which it
was necessary to transport 8,000 tons o f freight a year. That
was the statement o f the Senator, i f I recollect it aright.
Mr. W ARREN . I said from seven to eight thousand tons.
The estimate o f t h e > , s i & r ’s D epartment wgs
would be at least 7,500 tons.
Mr. BACON. Mr. President, since that occurred the Senator
from North Carolina [Mr. O v e r m a n ] sought from the W ar D e
partment inform ation as to the number o f men at this post, and
the inform ation received was that at the two posts, which it
seems are on that line, Camp Overton and Camp Iveithley------ Mr. W ARREN . The Senator w ill perhaps remember-----The PRE SID EN T pro tempore.
Does the Senator from
Georgia yield to the Senator from W yom ing?
Mr. BACON. I do.
Mr. W ARREN . I think the Senator remembers that I said
the other day when this amendment was under discussion that
there were two posts there when I visited the place called then
M acVicker and Iveithley, Iveithley being on one side o f the lake
and M acVicker on the other, and that this road supplied both,
because it would reach one, and from the one there is water
transportation to the other.
Mr. BACON. I am not taking issue with that in any manner.
I presume those are the same posts named now Keitliley and
Overton given differently; given by the name o f the camps.
The statement o f the W ar Department is that at one camp
there are two companies o f the Eighth Cavalry, I and K, and
at the other camp there are two companies o f the Eighth In
fantry, E and H, and also a battalion o f Philippine Scouts o f
three companies. That would make altogether seven companies.
I suppose that there are less than 100 men in each company. I
have no idea that there are that many, but taking that as the
estimate, which I presume is at least 50 per cent over the actual
fact, for I do not suppose the companies have anything like
100 men-----Mr. W ARREN . I f the Senator has noticed the latest in
form ation from the W ar Department, it intends those com
panies to be composed o f 150 men. I do not believe they are
that large now, but that is the plan which is now proposed to be
parried out in the Philippines.
Mr. BACON. Does the Senator refer to the scouts or to the
Army ?
Mr. W ARREN . I am referring to the Army. As to the
scouts, I think it is undetermined, but they w ill probably follow
the same line, it being, as it is thought, an economy in the use
o f the officers o f the Army, putting more men under such
officers.
Mr. BACON. I f there were anything like 150 men to the
company, we would have the maximum strength o f the Army.
I think it is a conceded fact that to-day we have only 60 or 70
per cent o f the maximum strength o f the Arm y as authorized
by law. There are possibly only about 00 per cent, if I recol
lect aright, o f the full strength o f the Army. Ain I correct
in that?
Air. W ARREN . The strength o f the Army authorized by law
is 100,000, and these enlargements o f the companies are said to
be within the limit o f 100,000. Replying to the direct question
put by the chairman o f the Appropriations Committee to the
9530
CONGRESSIONAL RECORD— SENATE
J uly 24
Mr. BACON. I do.
Secretary o f Wflr, lie replied, that those increases would be
Mr. DU PONT. Mr. President, there are more than 700 n1G
n
within the limit o f 100,000.
Mr. BACON. That refers to the fu tu re; and whenever there at that post.
Mr. BACON. Very well, I will come to that, if the Senator
are 150 men to the company there w ill be the full maximum
pleases. The Senator will pardon me if I go on with the esti
strength allowed by law.
Mr. WARREN. Does the Senator mean that there are not mates now, because I said to the extent I was in error as t0
150 men now in some o f the companies o f troops in some lines the number o f men, o f course the calculation would be in error
I am perfectly willing, before I get through, to double the
o f service? I f so, he is certainly mistaken.
Mr. BACON. I do not mean to say at this tim e; I mean number o f men, and then you would have a vast margin, and
to say exactly what I intended to say— that if that was the double the tonnage, and you would have a large margin; hut j
strength of the companies generally it would bring the Army think I am within the estimate. Of course I am ready to be
corrected if I am not.
fully up to the maximum.
I say that that amounts to less than 1,400 tons a year in place
I suppose we need not say anything about those matters of
detail, because, even allowing a very liberal margin, if I have o f 8,000 tons. I f there have been S,000 tons, or 7,000 tons if
made any correct figures there was some wide error on the part you please, carried, there is a vast margin to be accounted fo r
o f the department; and I think it important not simply as to I f that exists at this little post, it is a very pertinent question
this particular proposition but as a general thing that we may whether or not it is in accordance with the general system and
have some little suggestion as to whether or not there -is any whether this immense unnecessary expenditure is saddled upon
great wastefulness and extravagance, not only in this instance the public.
I f I am correct in my calculation so far, that would make less
but in the service generally, because if I am correct in my
figures and the same system exists everywhere there is a tre than 4 tons a day to transport over this route on which it is
mendous amount o f waste and extravagance. I f I am incorrect proposed to build a railroad. It is only 22 miles.
Mr. SMITH o f Arizona. And an easy grade.
o f course I would be more than glad to have my error pointed
Mr. BACON. The Senator says it is an easy grade. The
out.
Now, Mr. President, I am going to assume— and I hope I may grade is about 3 per cent, if I recollect correctly, and if it js
have the attention o f the Senator from Wyoming, as he is the nothing but a trail now, it can be easily cut into a road. We all
captain general on tilts subject.
know that these roads are constructed by the soldiers; but even
Mr. WARREN. I am listening.
if it had to be paid for by the Government it is very different
Mr. BACON. I am going to assume that the companies have from building a railroad. Suppose there is a wagon road con
100 men each. Then to the extent that I may be in error about structed by the soldiers, which is entirely feasible and* prac
that my calculation will be erroneous. I understand, however, ticable, and in accordance with the usual customs and methods
that the suggestion made by the Senator from Wyoming as to of the Army four 2-horse wagons a day, carrying only 1 ton
150 men to the company applies to what is intended, not to each, would do this business, and if it is_ an extraordinarily
what has already existed, and the 8,000 tons applies to the good road three would do it easily. Yet it is proposed to build
past, not to the present or the future, if I understand it. I f I a railroad for this purpose.
understood the Senator correctly he stated that the transporta
Mr. President, if there was no railroad built at all, and there
tion required to meet the necessities there was about 7,000 or was nothing but a mountain trail, this freight could be carriefi
8,000 tons a year, so that even if there are 150 men contem on burros at an absolutely insignificant cost. A burro will carry
plated for a company in the future there is no contention, I easily upon such a trail certainly a hundred pounds, and if it
presume, that that has been the case heretofore.
is a good one it will carry 200. I have seen them on a good
Now, Mr. President, how 8,000 tons o f freight can be re road carrying 300 pounds. I have frequently seen a burro
quired for a post of 700 men is past my mathematical power to loaded with three sacks o f corn; no doubt the Senator from
figure out.* It is said there are only two companies o f Cavalry. New Mexico has frequently seen the same thing; and that is
The little calculation I made here is “upon the basis o f their over 300 pounds. And burros cost 85 apiece. But if they did
being all Cavalry and accounting for all their horses; no I not have burros they could take mules. A mule would easily
am mistaken about that. I am counting 200 horses for the carry 300 pounds over any ordinary trail. How many mules
Cavalry and 100 extra for the quartermaster’s department and would it take? They are driven simply by the soldiers back
everything else. So there are 300 horses there.
wards and forwards.
Now, how much in the way o f freight do those 300 horses
Mr. President, I do not want to detain the Senate with this
require? A liberal estimate is 20 pounds a day of all kinds o f matter, but suppose we double it, suppose we double it. The Sen
food for a horse— the forage, and the corn or the oats, as the ator says that there are more than that many soldiers there. The
case may be. Twenty pounds is an outside estimate o f the information I get was given to me by the Senator from North
amount required per horse.
Carolina, obtained by him personally from the W ar Depart
This may look like a very small matter when we are going ment. But suppose we double the number and say there are
through these calculations, but when it is proposed to build a fourteen hundred there. Then seven or eight wagons would do
railroad because the requirements are such that the ordinary the entire business with the soldiers as teamsters, and at little
means o f transportation are not adequate, then it is important or no expense to the Government.
to see whether there is a wide difference between the amount
I do not wish to detain the Senate, Mr. President, on this
o f transportation which it is said is necessary and that which subject. I wanted to present those figures. I f I am wrong, i
we can figure out as being necessary.
hope some Senator will point it out. Am I in error as to the
I f there are 300 horses, 200 Cavalry horses, and 100 extra transportation needed, and the forage for horses, as to the
horses for other purposes, 3 tons a day is a large allowance weight, as to the amount consumed? Am I wrong as to the
for them, and it is an allowance o f more than is necessary. amount needed to transport in order to sustain the soldiers
That would make in the course o f a year, at 3 tons a day, either as to their food or as to their clothing? Am I wrong as
1,095 tons in a year.
to ammunition, where there is no artillery, as to the weight of
Now, when you come to the men, there are two kinds of that? I f I am, let some Senatoy show that I am wrong, i f j
freight, or possibly three. There may be others that I do not am not wrong, Mr. President, I submit it would be inexcusable
think of, and, o f course, I am ready to be corrected in this and indefensible for us to proceed to the construction o f this
statement. Two pounds a day for food is a liberal estimate for road.
men, and with 700 men at 2 pound a day in the course o f 3G5
Therefore I ask that we may have another vote on the ques
days there would be 250 tons. Then allowing 20 pounds each tion.
for every man for his clothing and things o f that kind outside
Mr. WARREN. Mr. President, allowing that the Senator is
o f his food, the transportation necessary for him, which is cer right and that everybody connected with the Army must be
tainly a liberal estimate, and evidently an extravagant estimate wrong, I can see as the Senator goes along that his statement
in that climate, that would be 7 tons a year, and the aggregate covers only a moiety o f the supplies that have to be furnished.
amount is 1,358 tons.
His idea o f 2 pounds o f food net for a man may be correct.
Now, for ammunition I do not know how much ought to be The idea o f the number o f pounds o f transportation is quite
allowed, but I would say 2 tons, because not much ammunition different.
is used. The country is settled down and there is no fighting
Another thing, they have to have shelter. There is material
going on. They have a full supply on hand, o f course, but I to go there for shelter. There have to be arms and ammuni
would suppose that 2 tons each o f ammunition a year for 700 tion. We have the testimony o f the different heads o f bureaus
men would be a most liberal estimate, and we would have and Secretaries for some years.
in the aggregate less than 1,400 tons a year.
The Quartermaster General o f the Army is a seasoned and
Mr. DU PONT. Mr. President------experienced man, acknowledged to be one o f the best Quarter
The PRESIDENT pro tempore. Does the Senator from Geor master Generals the Army has ever had. He has gone through
gia yield to the Senator from Delaware?
this subject carefully. W e have the Secretary o f War, and of
1912.
CONGRESSIONAL RECORD— SENATE.
course his inform ation is gleaned and garnered and winnowed
out from all the inform ation that comes to him from the heads
o f bureaus. He says:
The original cost o f the transportation required to supply the posts
on Lake Lanao is conservatively estimated at $200,000—
Not $175,000 or $150,000, hut $200,000—
and this amount does not include the cost of transportation required
for field use of the garrisons. The annual cost of maintaining this
transportation is $175,000. There has already been expended in con
struction and maintenance of the road from Camp Overton to Camp
Keithley a total sum exceeding $300,000, not including the work done
by troops during the early stages of construction, and it has cost to
maintain the road from $24,000 to $36,000 a year. This expense for
maintenance must continue year after year.
He says, on the cost o f this Overton-Keithley road, which is
through a country o f torrential storm s:
The total cost of this road to date added to the value of the trans
portation, equipment, and its maintenance for the last seven years
reaches the enormous total of $1,750,000, or an average of about
$250,000 per year.
Mr. BACON. W hat is that statement? ' I did not catch it.
Mr. W AR REN . The Secretary o f W ar says the total cost o f
the wagon i*oad and its maintenance and the transportation has
cost $1,750,000 to date, or an average o f about $250,000 a year.
He says, fu rth e r:
Such expenditures show a lack of business foresight.
There is more o f it, in further explanation, but I w ill not
how stop to read it.
Mr. BACON. I should say that such expenditures show
something else besides a lack o f business foresight.
Mr. W AR REN . I f the Senator w ill allow me to finish what
I was going to say— an academic calculation here o f the amount
o f freight surely can not be as correct as the actual facts as
recorded in the amount o f freight taken over this road during
the time since these posts were established. It is not a matter
o f appropriating money, but it is a matter to be left to those
who are in favor o f actual economy.
Mr. BACON. I think that this is a matter o f sufficient im
portance, as throwing light upon the nature o f the expenditures
in the W ar Department, for the items and the details o f these
expenditures to be brought to the attention o f Congress. I f
it be true that there has been any such expenditures as that, I
think w e ought to have the items o f it, because if we have had
expenditures o f that kind in this instance there have been
expenditures o f the same kind in numerous other instances. If
We have had this vast expenditure on account o f that little
road, we ought to know how it was built and what the items
Rre, so that we can see whether or not this money was correctly
spent. I f it be true that there were 8,000 tons or 7,000 tons o f
freight carried to that camp or to those two camps, we ought
to have the items. I f it be true that there have been $150,000
or $160,000 spent in a year for the purpose o f transporting the
freight needed for this simple garrison o f soldiers, we ought
to have the items o f that cost o f transportation. I hope that it
may be had now. I hope it in order that the W ar Department
may be shown to be correct, if it is correct. It ought not to be
allowed to stand as it is.
Mr. President, how can we hope for anything like economy
, la the expenditfires i f this is a sample o f it, if it be true, so far
as I can figure it out, that it fa r exceeds what would be a
legitimate expense?
I should like to make an inquiry o f the Senator from W yo
ming, who is not only in charge o f the appropriation bill but
who was fo r a long time at the head o f the M ilitary Committee
°£ the Senate. Possibly there is no Senator -within my term o f
service who is in a better position to judge o f matters as to
the military affairs than he. I should like to know what
Is the most practicable way for us to get a detailed statement
as to this particular expenditure, because that is what I want,
t want to know, if that road has cost over a million dollars,
something about the w ay in w hich that cost was expended.
Mr. W AR REN . I think if the Senator would prefer the
slightest request to the Secretary o f W ar or to the Quarter
master General— probably it ought to go to the Secretary of
War— he would be furnished with it.
Mr. BACON. Very well. Then w e can get it in that way,
get the items as to the amount o f freight carried and what
+1 consisted o f and the cost, not simply the aggregate cost, but
the bills. That is wliat I want. H ow was this money ex
pended? H ow were the 8,000 tons o f freight, in the first place,
heeded fo r this small encampment, and how w as $150,000 or
vl6O,0O0 expended in the transportation o f 8,000 tons o f freight?
Those are the things we want to know. I do not doubt the fact
that we expended it. I am not for a moment suggesting that
the charge is not correct on the books o f the Quartermaster’s
■Department, but what I want to know is how can it be so.
Mr. W ARREN . Mr. President, I do not want to prolong the
discussion, but at times there have been, and probably there w ill
9531
be again, a great many more troops there. There were more
when I was there. As the Senator knows, it is almost in the
center o f the Mindanao country—the Moro country. The num
ber o f troops varies according to the circumstances. As the
Senator knows, we have had some rather severe disturbances
in the Moro country.
Mr. BACON. I understand that.
Mr. W ARREN . The Senator uses 8,000 tons as a u n it; he
must^ remember that that is the average; but the latest inform a
tion is that for the follow ing year it w ill be at least 7,500 tons.
Mr. BACON. Well, I think we ought to have that inform a
tion ; I think those are matters about which Congress ought to
be informed. W e have the responsibility o f the appropriation
o f money, and I think we ought to be inform ed when such an
enormous amount o f supplies, 8,000 tons, are said to be needed
for one or two small encampments o f soldiers as to w hat those
supplies a r e ; and when $20 a ton is stated to be the cost o f their
transportation fo r 22 miles over a practicable road that has
cost over a m illion dollars, w e ought to know in what way that
money was expended. I hope that those who have it in charge,
the Committee on M ilitary Affairs o f the Senate, w ill take the
steps to secure this information.
Mr. W ARREN . The facts were all before the committee
which considered these matters.
Mr. BACON. I will ask the Senator if there is anything
which shows o f what those 8,000 tons consisted?
Mr. W ARREN . The papers submitted from time to time
covered that question.
Mr. BACON. I want to know what the items were.
Mr. W ARREN . Does the Senator expect me from memory
to give him every pound o f salt or every pound o f starch?
Mr. BACON. I do n ot; but the Senator said the papers
showed the items, and I desire to know about them.
Mr. W ARREN . The papers give the amount-----Mr. BACON. In the aggregate.
Mr. W ARREN . They give it in the aggregate, o f course.
Mr. BACON. But that does not answer* the question. I
want some w ay o f finding out why 8,000 tons o f freight were
needed fo r two small encampments, and then I want to know
why it is that, over a road costing over a million dollars, it
has cost $20 a ton to transport that freight 22 miles.
Mr. W AR REN . I hope the Senator w ill not misconstrue what
I said. The million seven hundred and fifty thousand dollars
included the building o f the road and the transportation over
it since it w as built.
Mr. BACON. I beg the Senator’ s pardon. I misunderstood
the Senator.
Mr. W ARREN . That is what I said. The average, accord
ing to the testimony o f the Secretary o f War, has been $250,000
a y ear; that is, the average fo r building the road, keeping it
in fepair, and to carry this material.
Mr. BACON. O f course, I would not misrepresent the Sena
tor. I certainly misunderstood him, but now that the road is
built, I want to understand why it costs $20 a mile to transport
freight 22 miles. I want the inform ation at some time— not
n ow ; I am not asking the Senator to give it now —but I think
it is due to Congress that it should be given to it. H ow is it
that 8,000 tons o f freight were needed for these tw o lit|le en
campments, and why is it that over a costly road it has'1ak«n
$20'a ton to transport freight 22 miles— a dollar a mile per ton?*
The PRE SID E N T pro tempore. The question is on concur
ring in the amendment made as in Committee o f the Whole.
[Putting the question.] By the sound the “ n o e s” appear to
have it.
The yeas and*nays worn < : ■
*
pro*- ■oded
to call the roll.
Mr. B R A D LE Y (when his name w as called ). I again an
nounce my pair with the Senator from Maryland [Mr. R ayn e r ]
and withhold my vote.
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from West Virginia [Mr. C h i l t o n ]
and therefore withhold my vote.
Mr. SANDERS (when his name was called ). I am paired
with the junior Senator from Indiana [Mr. K e r n ] . I f at liberty
to vote, I should vote “ yea.”
Mr. W ETM O RE (when his name w as called ). I again an
nounce my pair with the Senator from Arkansas [Mr. C larke ].
I f I were at liberty to vote, I should vote “ yea.”
The roll call was concluded.
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [M]\ O ’ G o r m a n ]. I transfer that pan
to the senior Senator from South Dakota [Mr. G a m b l e ] and w ill
vote. I vote “ yea.”
Mr. H EY BU R N (a fter having voted in the affirmative). I
observe that my pair, the Senator from Alabama [Mr. B a n k -
CONGRESSIONAL RECORD— SENATE.
9532
h e a d ] , is not present in the Chamber, and I am informed he has
not voted. I will therefore be compelled to withdraw my vote.
Mr. DILLINGHAM. I withhold my vote on account o f my
pair with the senior Senator from South Carolina [Mr. T ill
m a n ] , who does not appear to be in the Chamber.
Mr. SMITH o f South Carolina. I will transfer my general
pair with the Senator from Delaware [Mr. R i c h a r d s o n ] to
the Senator from Indiana [Mr. S hively ] and will vote. I vote
“ nay.”
Mr. WATSON. I will transfer my general pair with the Sen
ator from New Jersey [Mr. B riggs] to the junior Senator from
Nebraska [Mr. H itchcock ] and will vote. I vote “ nay.”
Mr. BURNHAM. I desire to transfer my pair with the Sen
ator from Maryland [Air. ^vrTrifD^fv4Ji.(^1iuiior Senator from
Washington [Mr. P o i n d e x t e r ] , and w i 1 votes- J vote “ yea.”
1
Mr. CHAMBERLAIN (after having voted in th d ^ g a tiv e ). I
have a general, pair with the junior Senator from P oh n sylv an ia
[Sir. O l iv e r ]. I do not see him in the Chamber, and therefore
withdraw my vote.
The result was announced—yeas 27, nays 25, as follow s:
Bourne
Braadegce
Bristow
Buruham
Burton
Catron
Crawford
Bacon
Borah
Bryan
Clapp
Culberson
Fall
Fletcher
Ashurst
Bailey
Bankhead
Bradley
Briggs
Brown
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
Y EAS— 27.
Lodge
MeCumber
McLean
Massey
Nelson
Oliver
Page
N AYS— 25.
Gardner
Paynter
Johnston, Ala.
Percy
Kenyon
Reed
Martin, Va.
Simmons
Martine, N. J.
Smith, Ariz.
Myers
Smith, Ga.
Overman
Smith, S. C.
NOT VOTING— 42.
Cullom
Kern
Curtis
Lea
Davis
Lippitt
Dillingham
Newlands
Dixon
O’Gorman
Foster
Owen
Gamble
Penrose
Gore
Poindexter
Heyburn
Pomerene
Hitchcock
Rayner
Johnson, Me.
Richardson
Cummins
du Pont
Gallinger
Gronna
Guggenheim
Jones
La Follette
Perkins
Smith, Mich,
Stephenson
Sutherland
Townsend
Warren
Swanson
Thornton
Watson
Works.
Root
Sanders
Shively
Smith, Md.
Smoot
Stone
Tillman
Wetmore
Williams
J u l y 24
____
>
act providing for the celebration of the semicentennial anniversnrv
the act of emancipation, and for other purposes,” approved Am-ii °*
1912, $250,000.
1 1 3,
1
Mr. SMITH o f Georgia. The mistake is this : The Senate bn
passed a bill providing an appropriation for the celebration
that bill is pending in the other House. The bill passed by'th
Senate carries its own appropriation.
le
The PRESIDENT pro tempore. The Chair will inquire «
the chairman o f the committee whether or not an estimate wa
made for this appropriation?
as
Mr. WARREN. Mr. President, the committee has no regmn
estimate for this amount.
& r
The PRESIDENT pro tempore. The point o f order is SU
g
tained.
Mr. WARREN. There are no further reservations o f amend
ments made as in Committee o f the Whole, I believe.
The PRESIDENT pro tempore. I f there be no further
amendment in the Senate, the amendments will be ordered to
be engrossed and the bill to be read a third time.
The bill was read the third time and passed.
m i l it a r y a c a d e m y a p p r o p r ia t io n b il l .
Mr. DU PONT. Mr. President, I ask unanimous consent that
the Senate now proceed to the consideration o f the bill ( h . jj
24450) making appropriations for the support o f the Military
Academy for the fiscal year ending June 30, 1913, and for other
purposes.
Mr SMITH o f Arizona. I f the Senator will permjt me, be
fore the reading o f the bill I ask unanimous consent to call U a
p
joint resolution and have it passed. I do not think there will be
any objection to it. It will not take a minute.
Air DU PONT. I will say to tlie Senator from Arizona that
I shall have no objection to granting his request a little later
on when the bill for which I have asked consideration is before
the Senate.
T ,,
, . ,.
The PRESIDENT pro tempore. Is there objection to the re
quest o f the Senator from Delaware? The Chair hears none
The Senate as in Committee o f the Whole, proceeded to con
sider the bill (H. R. 24450) making appropriations for the sup
port o f the Military Academy for the fiscal year ending June 3o
1913, and for other purposes
Mr DU TONT. I now yield to the Senator from Arizona.
CLAIM
S
AGAINST MEXICO.
Mr SMITH o f Arizona. I ask unanimous consent for the
So the amendment was concurred in.
present consideration o f Senate joint resolution 103.
Mr. SMITH o f Georgia. Mr. President-----The PRESIDENT pro tempore. The Senator from Arizona
Mr. WARREN. Will the Senator froin..G-eorgia allow me to
asks unanimous consent for the present consideration o f a joint
present' n~ committee amendment?
Mr. SM ITH o f Georgia. Yes. I merely wanted to be sure resolution, the title o f which will be stated.
The S ecretary . A joint resolution (S. J. Res. 103) directing
that I had reserved an objection to the amendment offered by
the Senator from Kentucky [Mr. B radley] with reference to an the Secretary o f State to investigate claims o f American citi
zens growing out of the late insurrection in Mexico, to deter
appropriation o f $250,000 for a centennial celebration.
mine the amounts due, if any, and to press them for payment.
Mr. WARREN. It is understood that that is reserved.
The PRESIDENT pro tempore. Is there objection to the
Mr. SMITH o f Georgia. I wanted to be sure that it was
present consideration o f the joint resolution?
reserved.
There being no objection, the Senate, as in Committee o f the
Mr. WARREN. Mr. President, a very late act calls for at
tention in connection with this appropriation bill. I refer to the Whole, proceeded to consider the joint resolution, which had
act approved on the 22d o f this month calling for an appro been reported from the Committee on Foreign Relations with
priation o f $57,250 for use o f the Census Bureau in relation to an amendment to strike out all after the enacting clause ana
cotton investigations. I send the amendment to the desk and insert:
Thpt the Secretary of W ar be, and ho is hereby, authorized and
ask the Secretary to insert it immediately after the $25,000
directed to make, or cause to be made under his direction, a full ;lnd
tobacco amendment, which has heretofore been agreed to.
thorough investigation of each and all claims of American citizens and
The PRESIDENT pro tempore. The amendment will be of persons domiciled in the United States which may be called to his
attention by claimants or their attorneys for damages for injuries to
stated.
their persons
those of whom claim
The S ecretary. After the amendment agreed to relating to ants may be or property, received by them or bythe boundaries of the
the legal representatives, witmn
investigations o f quantities o f leaf tobacco, it is proposed to United States, by means of gunshot wounds or otherwise inflicted by
[Mexican Federal or insurgent troops during the late insurrection in
insert the follow ing:
For securing information for census reports of cotton production, and
periodical reports of stocks of baled cotton in the United States, and
of (lie domestic and foreign consumption of cotton, and to enable the
Bureau of the Census to carry out the provisions of “ An act authoriz
ing the Director of the Census to collect and publish statistics of cot
ton,” approved July 22, 1912, $57,250.
Mexico in the year 1911.
..
For the purpose of such investigation the Secretary of W ar is au
thorized to appoint a commission of three officers of the Army, one of
whom shall be an inspector general.
Such commission shall have
authority to subpoena witnesses, administer oaths, and to take evidence
on oath relating to any such claim and to compel the attendance of
witnesses and the production of books and papers in any such proceed
ing by application to the district court of the United States for the dis
trict within which any session of the commission is held, which court
is hereby empowered and directed to make all orders and issue all
processes necessary for that purpose, and said commission shall have
all (ho powers conferred by law upon inspectors general of the United
States Army in the performance of their duties. Such commission shall
report to (Congress, through the Secretary of War, as soon as prac
ticable, its findings of fact upon each and all the claims presented to it
and its conclusion as to the justice and equity (hereof and as to the
proper amount of compensation or indemnity thereupon.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment.
The amendment was agreed to.
Mr. SMITH of Georgia. Mr. President, I desire to make a
point of order against the amendment offered by the Senator
from Kentucky [Mr. B radley] that there is no legislation that
justifies it, no estimate that justifies it, and that it is an in
crease of appropriations which can not be made from the floor
Tbe joint resolution was reported to the Senate as amended,
by amendment.
The PRESIDENT pro tempore. The amendment w ill be and tbe amendment was concurred in.
Tbe joint resolution was ordered to be engrossed for a third
stated.
The Secretary. On page 180, after line 10, the Senate, as in reading, read tbe third time, and passed.
The title was amended so as to read : “ Joint resolution direct
Committee o f the Whole, inserted tile following amendment:
ing tbe Secretary o f W ar to investigate tbe claims o f American
SEMICENTENNIAL EXPOSITION.
For expenses semicentennial exposition: For celebration of semi citizens for damages suffered within American territory and
centennial anniversary of the act of emancipation, as provided by “An growing out of tbe late insurrection in Mexico.”
1912.
CONGRESSIONAL RECORD— SENATE.
producing price and the market price o f the grain and hay. quite made up by the fineness of the fleece and the high price of mut
But if the farm er had no sheep he would secure the difference ton, so that, measured by the net returns per head of sheep, flock
husbandry is possibly more profitable in France than in England
(Vol
in value between the hay and grain raised and the price it II, pt. 2, pp. 3 7 4 -3 7 5 .)
could be sold for less^tiio expense o f marketing.
‘C6trcflyfiing G t h e
ht rd reports, appa
without
T a b Uv-2?J v^-d^e^chin/ge s a g a in s tw o o l p e r ^ r p iv Q ^ SO 'cents anyjfigu«4e-4Ti^
______
_
and u p o u i f o ^ i s
.oparly/a £ejrcti\ip?i o f T*We
n itlr o s e regions of Germany where conditions have been favorable
X lll^ d x c ^ p t tp/nt V^ie. stati^^trs" sKew" tlmt the average expense and the emphasis has been shifted from wool to mutton, conditions ap
per head is $2.59 instead o f $2.81, as stated in Table X III, and proach those in France. But the readjustment has not been carried so
the net charge against wool per pound on the basis o f ^ h e far; 'an.i?~many German flock owners still raise the fine-wool sheep,
v pay for their keep. (Vol. II, pt. 2, p. 375.)
avera
tion of the grain and R ay— a t h e
f
ng up the wool situation, the board sa y s:
shee;
of
in r ^ X fe X ffl.^ A g fe n , n
J
<
In the western region of the "United States, with approximately
fioc
ilthough the cost o f the grain and hay fed
35,000,000 sheep, the net charge against a pound of wool is about 11
to produce a
u rn o f w ool averaged 8 cents per pound less cents. In other sections, with about 15,000,000 sheep, the net charge
than the aver
/given in Table X III, and the w ool was sold against a pound, of wool from the merino sheep, which number ap
fo r only 1
Sss per pound than the wool from the’ 32 flocks proximately 5,000,000, is about 19 cents, and the net charge against
sheep of the crossbred
is negligible.
X III. It would be interesting to know how the wool grown on for the United States type a whole the net charge
included in Ta'
On an average
as
it is that the hay and grain cost less per pound o f w ool in against a pound of “ fine ” wool is a fraction over 12 cents.
Accepting 19 cents as the average charge against a pound of wool
Table X IV than in Table X III, and 5 cents less in Table X V ;
and even more extraordinary, the cost is reduced to a net of a distinctly fine a or fine-medium character grown in the farming
States, 11 cents as
fair average for the Western States, and assum
charge against w ool per pound o f $0.12 in Table X V II. Those ing that on an average the smaller farm flocks of a distinctly mutton
extraordinary differences in the net charges against the wool or coarse-wool type pay for their own wool, and giving each class its
approximate relative
the calculation, a
average
produced, on the basis o f the cost o f feeding the sheep, from the entire clip of the weight in all grades included, general be about- for
country,
would
95
40 cents per pound o f wool to 12 cents per pound, is even more cents per pound.
W hile the expenses in the United States during the year under re
extraordinary in the statistics o f Table X V III, where there is
view
the
fell
an average net credit o f G cents per pound o f w o o l; that is, the belowwere fully up toIt is average for a series of years, the receipts esti
the average.
but fair, therefore, to assume that the
w ool o f each flock paid all the expenses and in addition returned mated income of 6.2 per cent should, under normal receipts, be con
a profit o f from 1 cent per pound up to 21 cents, or an average siderably increased. There is no contingency, however, in sight that
can by any possibility place domestic growers on an equality in the
fo r all the flock o f 6 cents on each pound o f wool produced.
matter of costs with their competitors in South America, Australasia,
The statistics on the crossbred sheep given in Table X I X and the Cape Colonies. (Vol. II, pt. 2, pp. 3 7 6 -3 7 7 .)
shows an average net credit to wool per pound on the basis o f
It is greatly to be regretted that after all the time, labor, and
average cost o f production o f grain and hay fed to the sheep of
2 cents, and more than h alf Of the flocks included show such expense which the Tariff Board has consumed the President
and the Congress are far from being inform ed as to the com
net credit ranging from 1 cent to G5 cents per pound.
The follow ing table, which is a synopsis o f the costs and re parative cost o f production o f wool here and abroad.
Mr. CUMMINS obtained the floor.
ceipts o f all the tables now being considered, shows where
Mr. SMOOT. Mr. President-----profits began, namely, in Table X V I, when the charge per head
The PRE SID IN G O FFICE R (Mr. Sanders in the ch a ir).
is lowest, and rises from this point as the profit increases.
Does the Senator from Iow a yield to the Senator from Utah?
T able X X I I I .
Mr. CUMMINS. I yield.
Mr. SMOOT. I suggest the absence o f a quorum.
R eceip ts per head.
The PR E SID IN G O FFICER. The Secretary w ill call the roll.
N et
The Secretary called the roll, and the follow ing Senators an
Table.
charge
N e t charge per pound of wool.
swered to their n am es:
per head.
Other
W ool.
X I I I .........
X I V .........
X V ...........
X V I .........
X V I I .... U nder 20 c en ts.....................................
X V I I I ... N et credit...............................................
X I X ......... Crossbred...............................................
$2.81
2.59
2.50
2.27
2.38
2.81
2. 75
sources.
$1.64
1.73
1.77
1.89
1.94
1.99
1.47
$0.46
.51
.71
.77
1.44
3.29
2.93
Total.
S2.10
2.24
2. 49
2.66
3.38
5.29
4.38
The report o f the Tariff Board shows that when the cross
bred flocks (Table X I X ) are considered, nearly all show
greater receipts from mutton and lambs than from wool, the
receipts from those sources constituting about two-thirds o f the
total receipts, while the average o f the merino flocks show re
ceipts from mutton and lambs a little less than one-third o f
the total receipts. The average cost per head o f maintenance
o f the crossbred sheep is $2.78, and the average receipts from
other sources than w ool are $2.92, or a balance o f 1G cents in
favor o f the farmer, which, added to the average receipts o f $1.46
per head from wool, produces a total o f $1.G2 per head as profit.
In the case of the merino flocks the average maintenance costs
per head are $2.44, and the average receipts from other sources per
head are only about $1.07, leaving a difference of $1.37 to he covered
by the average receipts from w o o l; and, since these amount to $1.88
per head, there remains 50 cents per head as average profit.
(Vql. II,
pt. 2, p. 373, report of Tariff Board.)
In considering the comparative cost o f producing w ool in
England, France, and Germany the evidence submitted is fagu e
and inconclusive. As to England, the board says:
Ashurst
Bacon
Bankhead
Bradley
Brandegee
Briggs
Bryan
Burnham
Clapp
Crawford
Culberson
Cullom
Cummins
Dillingham
du Pont
Fall
Fletcher
Gallinger
Gronna
Guggenheim
Iley burn
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
La Follette
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Massey
Myers
Nelson
Newlands
O’ Gorman
Oliver
Overman
Page
Paynter
Perkins
Pomerene
Reed
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Swanson
Thornton
Tillman
Townsend
Warren
W a (son
Wetmore
W illiam s
Works
Mr. THORNTON. I wish to announce the absence o f my col
league [Mr. F oster] on account o f illness. I ask that this an
nouncement may stand for the day.
The PRE SID IN G OFFICER. Sixty-one Senators have an
swered to their names. There is a quorum present- The Sena
tor front Iow a will ’proceed.
Mr. CUMMINS. Mr. President, I offer the amendment I
send to the desk to the bill under consideration.
The PRE SID IN G O FFICER. The Senator from Iow a offers
an amendment which the Secretary will read.
The Secretary. Strike out all after the enacting clause of
the bill and insert as a substitute the follow ing w o rd s :
That the act entitled “ An act t ° provide revenue, equalize duties,
and encourage the industries of the United State.., and for other pur
poses,” approved August 5, 1909, be, and the same is hereby, amended
bv striking out all of the paragraphs of schedule K of section 1 of
said act, from 360 to 395, inclusive, aud inserting in place thereof the
f0,H n g wools, hair of the camel, goat, alpaca, and other like animals
shall be divided for the purpose of fixing the duties to be charged
thereon into the three following classes :
2. Class 1, that is to say, Merino, mestiza, metz, or metis wools or
other wools of Merino blood immediate or remote, down clothing wools,
and combing wools of like character with any of the preceding, includ
ing Bagdad wool, China lamb’s wool, Castel Branco, Adrianople skin
wool or butcher’s wool, and such as have been heretofore usually im
Concerning France, in speaking o f the Rambouillet sheepftand ported into the United States from Buenos Aires, N ew Zealand, Egypt,
the Dishley merino, produced by crossing the merino witl^ an Australia, Cape of Good Hope, Russia, Great Britain, Canada, Morocco,
and elsewhere, and Leicester, Cotswold, Lincolnshire, down combing
English mutton type, the board s a y s :
w ools, Canada long wools, or other like wools of English blood, and
T
usually known by the terms herein used, and all wools not hereinafter
In certain famous flocks visited by an agent of the board the sh^ep
provided for in class 3.
were shearing as high as from 9 to .11 pounds of line medium wot
3. Class 2, that is to say, ail hair cf the camel, goat, alpaca, or
bringing the grower, in 1910, from 18 to 20 cents a pound, and lam
worth, when fat, from $8 to $10. Owing to the fact that in I ianct^ other like animal, not hereinafter provided for in class 3. .
4. Class 3, that is to say, Donskoi, Native South American, Cordova,
sheep are usually run on higher priced land than in England, the costs
of production per sheep are somewhat higher; but this difference is ^Valparaiso, Native Smyrna, Russian camel’s hair, and all such wools
Estimates made especially for the hoard by a prominent Ehglish
authority show that about one-fifth of the total receipts from tli£ flock
are derived from wool and that the average yield per head off sheep
is about 5 pounds of wool, worth about $1, and one lamb, worthfabout
$5 ; and since this same authority estimates that the entire costs per
head of sheep, including labor costs, are about $4.16, it is sees that
English sheep husbandry is fairly profitable.
(Vol. II, pt. 2, p .-$74.)
i
’
9GOO
CONGRESSIONAL RECORD— SENATE
J uly 25,
of like character as have been heretofore usually imported into the contained therein, and in addition thereto 50 per cent ad valorem •
United States from 'Turkey, Greece,- Syria, and elsewhere, excepting valued at more than $1.50, 28J cents per pound on the wool contained
therein, and in addition thereto 55 per cent ad valorem.
. improved wools hereinafter provided for.
22. On blankets and on flannels for underwear, composed wholly or in
,
5. The standard samples of all wools or hair which are now, or may
. he hereafter, deposited in the principal customhouses of the United part of wool, valued at not more than 40 cents per pound, the dutv
States, under the authority of the Secretary of the Treasury, shall be the shall be 18 cents per pound on the wool contained therein, and in addi
standards for the classification of wools and hair under this act, and tion thereto 20 per cent ad valorem ; valued at more than 40 cents
the Secretary of the Treasury is authorized to renew these standards, per pound and not more than 50 cents per pound, the duty shall be
and to make such additions to them from time to time as may be re- 20 cents per pound on the wool contained therein, and in addition
,
quired, and he shall cause to be deposited like standards in other thereto 25 per cent ad valorem ; valued at more than 50 cents per
pound, 23 cents per pound on the wool contained therein, and in addi
customhouses of the United States when they may be needed.
tion thereto 30 per cent ad valorem : Provided, That on blankets over
0.
Whenever wools of class
shall have been improved by the ad
mixture of Merino or English blood, from their present character, as 3 yards in length the same duty shall be paid as on cloths.
23. On ready-made clothing and articles of wearing apparel knitted
represented by the standard samples, now or hereafter to be deposited
in the principal customhouses of the United States, such improved woven, or felt of every description made up or manufactured wholly or
in part and composed wholly or in part of wool, if valued at not more
wools shall he classified for duty as class 1.
7. If any hale or package of wool or hair specified in this act shall than 40 cents per pound, the duty shall be 20 cents per pound on the
he entered ns class 5, and shall contain a greater percentage of class wool contained therein, and in addition thereto 35 per cent ad valorem •
O
1 wool, or class 2 hair, than does the proper standard sample thereof, if valued a-t more than 40 cents per pound and not more than G cents
per pound the duty shall be 22 cents per pound on the wool contained
}
then the whole hale or package shall be subject to the rate of duty
chargeable on wool of class 1, or hair of class 2, as the case may be ; therein, aEd in addition thereto 40 per cent ad valorem ; if valued at
and if any hale or package shall be entered by the importer, or anyone more than 60 cents per pound and not more than 80 cents per pound
duly authorized to make entry thereof, as shoddy, mungo, flocks, wool, 26 cents per pound on the wool contained therein, and in addition
►
hair, or other material, of any class specified in this act, and such, bale thereto 45 per cent ad valorem ; if valued at more than 80 cents per
or package shall contain any admixture of any one or more of the fore pound and not more than $1 per pound, 26 cents per pound on the
going, or of any other material, subject to a higher rate of duty, the wool contained therein, and in addition thereto 45 per cent ad valorem •
whole bale or package shall be dutiable at the highest rate Imposed by if valued at more than $1 per pound and not more than $1.50 per
this act upon any article or material in said bale or package.
pound, 281 cents per pound on the wool contained therein, and in
8. Whenever in any paragraph of this act the word “ wool ” is used addition thereto 50 per cent ad valorem; if valued at more than $l.n o
>
in connection with the material or manufactured article of which It is per pound, 281 cents per pound on the wool contained therein, and in
a component material, it shall be held to include wool or hair of sheep, addition thereto 55 per cent ad valorem.
camel, goat, alpaca, or other like animal, whether manufactured by the
24. On handmade Aubusson, Axminster, Oriental, and similar carpets
woolen, worsted, felt, or any other process.
and rugs made wholly or in part of wool, 55 per cent ad valorem ; on
!). The duty on all wools of class 1 shall he, if scoured, 19 cents per all other carpets of every description, druggets, hockings, mats, screens,
pound; if in the grease, or in any other condition than scoured and hassocks, bedsides, art squares, and portions of carpets or carpeting,
not advanced by any process of manufacture, 18 cents per pound on the and all other coverings for floors composed wholly or in part of wool,
clean wool, which shall he ascertained by scouring or other tests made 25 per cent ad valorem.
in accordance with regulations prescribed by the Secretary of the
25. All manufactures made wholly or in part of wool and not spe
Treasury : Provided, however, That in no event shall the duty exceed cially provided for in this act, if the component material of chief value
45 per cent ad valorem.
is wood, paper, rubber, or any of the baser metals, the duty shall be
10. The duty on all hair of class 2 shall be, if scoured, 8 cents per 22 cents per pound on the wool contained therein, and in addition
pound. If in natural condition or any other condition than scoured, thereto 30 per cent ad valorem. If the component material of chief
and not advanced by any process of manufacture, 7 cents per pound on value is silk, fur, precious or semiprecious stones or gold, silver, or
the clean hair, which shall he ascertained by scouring or other tests platinum, the duty shall be 22 cents per pound on the wool contained
made in accordance with regulations prescribed by the Secretary of the therein, and in addition thereto 50 per cent ad valorem. _ If the com
Treasury : Provided, however, That in no event shall the duty exceed ponent material of chief value be a material not mentioned in this
30 per cent ad valorem.
paragraph, the duty shall be 22 cents per pound on the wool contained
11. The duty on all wools and camel’s hair of class 3 shall be, if therein, and in addition thereto 40 per cent ad valorem.
scoured, 0 cents per pound. If in their natural condition or any other
26. This act shall take effect on the 1st day of January, 1913.
condition than scoured, and not advanced by any process of manufac
Mr. CUMMINS. Mr. President, I do not intend to enter upon
ture, 5 cents per pound on the clean wool or hair, which shall be as
certained by scouring or other tests made in accordance with regula a general discussion of the history o f this most interesting sub
tions prescribed by the Secretary of the Treasury : Provided, however, ject. It is rich in material for debate. Under other circumstances
That In no event shall the duty exceed 40 per cent ad valorem.
12. The duty on wools or hair on the skin shall be 2 cents per pound I would be very glad to recall to the attention o f the Senate and
less than is imposed upon the clean wool or hair of class 1, 2, or 3, as the country the wonderful analysis o f the wool schedule given
the case may be, imported not on the skin and unscoured, the quantity to the*!,Senate by my late colleague, Mr. Dolliver, when the re
and value to be ascertained under such rules as the Secretary of the
vision W 1909 was before the Senate. I pause long enough,
Treasury may prescribe.
however to say that the investigation o f the Tariff Board and
1 3. Top waste and slubbing waste, 20 cents per pound.
14. Roving waste, ring waste, and garneted waste, 10 cents per its repost, which we now have before us, vindicate every asser
pound.
tion matte by that great statesman and point unerringly to the
15. Noils, carbonized, 14 cents per pound; uncarbonized, 11 cents
per pound.
revision \ f the schedule that should take place, just as he
10.
Thread waste, yarn waste, and wool wastes not herein specified,
pointed til it with his rare prescience three years ago. When I
shoddy, mungo, and wool extract, 7 cents per pound.
rememberwhe attitude of the Senate respecting the wool sched
17. Woolen rags and flocks, 3 cents per pound.
18. Combed wool or tops made wholly or in part of wool or camel’ s ule at thaStim e and compare it with the advices that we have
hair, valued at not more than 20 cents per pound, 12 cents per pound on received fA m the Tariff Board, I feel like paying tribute to his
the wool contained therein ; valued at more than 20 cents per pound
and not more than 30 cents per pound, 16 cents per pound on the wool memory, bfeause his marvelous study then so closely approxi
contained therein; valued at more than 30 cents per pound and not mates the feu d y of the Tariff Board since.
While I do not
more than 40 cents per pound, 18 cents per pound on the wool con agree with fee Tariff Board in every respect, I at once concede
tained therein; valued at more than 40 cents per pound and not more
than 30 cents per pound, 20 cents per pound on the wool contained that it has » u t the Senate and the country into possession o f
' therein ; valued above 50 cents per pound, 21 cents per pound on the information fenost valuable and most necessary 'fo r the con
wool contained therein. That on all the foregoing in this paragraph struction o fla schedule respecting duties upon wool and the
! mentioned there shall be paid an additional duty of 5 per cent ad
m anufacture o f wool. I intend to follow, however, as I under
I valorem.
19. Wool and hair which has been advanced in any manner or by stand it, t h f report o f the Tariff Board so far as it presents
any process of manufacture beyond the scoured condition but less facts.
I d o l o hoping that other Senators upon this side o f the
j advanced than yarn and not specially provided for in this act, 20 cents
profess a willingness to be guided by the advice
I per pound on the wool contained therein, an* in addition thereto 5 per Chamber,
and the injfrm ation given and collected by the Tariff Board,
. cent ad valorem.
<
20. On yarns made wholly or in part of wool valued at not more will look w ill some favor upon the amendment I have proposed.
than 30 cents per pound the duty shall be 14 cents per pound on the
I can n # vote for the House bill. I can not vote for it,
wool contained therein, and in addition thereto 12 per cent ad valorem ;
valued at more than 30 cents per pound and not more than 50 cents because, vJfiile I have no doubt it is effective from the stand
per pound the duty shall be 18 cents per pound on the wool contained point o f tab political organization that is sponsor for it, in my
therein, and in addition thereto 15 per cent ad valorem ; valued at
more than 50 cents per pound and not more than 80 cents per pound opinion ia d o e s not reach the protective p oin t; and, as I ex
the duty shall be 21 cents per pound on the wool contained therein, plained \$!en the metal schedule was under debate, my con
and in addition thereto 20 per cent ad valorem ; valued at more than viction i|flitical]y and economically is that we ought to pre
80 cents per pound the duty shall be 24 cents per pound on the wool
serve duties upon competitive commodities that w ill enable the
contained therein, and in addition thereto 25 per cent ad valorem.
21. On cloths, knit fabrics, flannels, felts, women and children’ s domesti# manufaeturers to reach and fill the American market
dress goods, coat linings. Italian cloths, buntings, and all other fabrics at a f a r e a s o n a b l e profit.
of every description made wholly or in part of wool and not specially
The <futy o f the House bill upon wool is 20 per cent. There
otherwise provided for in this act, valued at not more than 30 cents
per pound, the duty shall be 10 cents per pound on the wool contained are soijSe wools that are grown in the United States that would
therein, and in addition thereto 30 per cent ad valorem ; valued at more be am »ly protected by a duty o f 20 per cent, but, in my judg
than 30 cents per pound and not more than 40 cents per pound the ment,|by far the greater part o f the wool production in this
dutv shall be 18 cents per pound on the wool contained therein, and in
addition thereto 30 per cent ad valorem ; valued at more than 40 cents country could not sustain the reduction proposed in the House
per pound and not more than 60 cents per jjound the duty shall be 22 bill. I f we are to take—and I think we might well take—the
cents per pound on the wool contained therein, and in addition thereto statement o f the Tariff Board in that respect, the average
35 per cent ad valorem ; valued at. more than 60 cents per pound and
not more than 80 cents per pound, 26 cents per pound on the wool foreign price, or London price, o f scoured wool during tile
contained therein, and in addition thereto 40 per cent ad valorem ; period passed over by the board was about 40 cents per pound
valued at more than 80 cents per pound and not more than $1 per
pound. 281 cents per pound on the wool contained therein, and in addi Twenty per cent upon scoured wool would be 8 cents per pou nd;
tion thereto 45 per cent ad valorem ; valued at more than $1 per pound 20 per cent upon the wools sold abroad at 30 cents per pound
and not more than $1.50 per pound, 28J cents per pound on the wool i would be 6 cents per pound. There are a great many pounds
t
*
vMo
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. JVILLIAMS. Mr. President, I think myself authorized to
announce that if my colleague were present, he would vote
“ nay.” Mr. M cCUMBER. Upon that assurance I w ill vote. I vote
“ nay.”
Mr. CH A M B ERLA IN (when Mr. O w e n ’ s name was called ).
The Senator from Oklahoma [Mr. O w e n ] is paired with the
senior Senator from Nebraska [Mr. B r o w n ] . I f he were pres
ent, the Senator from Oklahoma would vote “ nay.”
Mr. SH IV E LY (when Mr. R a y n e b ’ s name w as called). The
senior Senator from Maryland [Mr. R a y n e e ] is paired with the
junior Senator from Kentucky [Mr. B r a d l e y ] . I am authorized
to say that if the Senator from Maryland were present he would
vote “ nay.”
Mr. DU PONT (when Mr. R i c h a r d s o n ’ s name was called).
My colleague [Mr. R i c h a r d s o n ] is absent from the city. He is
paired with the junior Senator from South Carolina [Mr.
S m it h ].
W ere he present, my colleague would vote “ nay.”
Mr. SANDERS (when his name was ca lled ). I am. paired
with the ju n ior Senator from Indiana [Mr. K e r n ] , and should
not vote had it not been for the statement o f the senior Senator
from Indiana [Mr. S h i v e l y ] , ju st now made, that if his col
league were present he would vote “ nay.” I therefore feel at
liberty to vote. I vote “ nay.”
Mr. SM ITH o f South Carolina (when his name w as called).^
I have a general pair w ith the Senator from D elaware [Mr,
R i c h a r d s o n ] . D o I understand his colleague to say that were
he present the Senator from Delaware would vote “ nay ” ?
/
Mr. D U PONT. I made that statement.
Mr. SM ITH o f South Carolina. Upon that assu ran ce,-I
shall vote. I vote “ nay.”
Mr. W A R R E N (when has name w as ca lled ). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F o s t e r ] ,
who is ill and absent from the city. I therefore withhold fny
vote.
The roll call was concluded.
Mr. BR ISTO W . I am requested to state that the Sen
from Nebraska [Mr. B r o w n ] is absent and is paired with
Senator from Oklahoma [Mr. O w e n ] ,
Mr. B R AD LEY . D id I understand the Senator from Indiana
to say that he w as authorized to state that the Senator f^om
M aryland [Mr. R a y n e e ] , with whom I am paired, i f present
would vote “ n a y ” on this question?
Mr. SH IVELY. I made that statement.
Mr. BR AD LEY . I am paired w ith the Senator from Mary
land [Mr. R a y n e e ] ; but as he and I agree on this questibn
I w ill vote. I vote “ nay.”
Mr. JOHNSTON o f Alabama. I wish to announce that thfe
Senator from Texas [Mr. B a i l e y ] is paired w ith the Senator
from Montana [M r. D ix o n ]. I f the Senator from Texas w ere
present he would yate. knaju.” ....
Mr. LIP P IT T . I announce thaUnrr--colleague [Mr. W etmore ]]
is necessarily absent from the Chamber on business o f the'
Senate. 'H e is paired with the Senator from Arkansas [Mr.
C l a r k e ].
. " The result w as announced— yeas 14, nays 57, as follow s:
YEAS—14.
Borah
Bourne
Bristow
Clapp
Crawford
Cummins
Gronna
Jones
Kenyon
La Follette
Nelson
Poindexter
Bacon
Bankhead
Bradley
Brandegee
Briggs
Bryan
Burton
Catron
Chamberlain
Clark, W yo.
Culberson
Dillingham
du I’ont
Fall
N A Y S — 57.
Newlands
Fletcher
O’Gorman
Gallinger
Oliver
Gardner
Overman
Guggenheim
Page
Heyburn
Paynter
Johnson, Me.
Penrose
Johnston, Ala.
Perkins
Lippitt
Pomerene
Lodge
Reed
Root
McLean
Sanders
Martin, Va.
Shively
Martine, N. J.
Simmons
Massey
Smith, Ariz.
Myers
Bailey
Brown
Burnham
Chilton
Clarke, Ark.
Crane
Cullom
Curtis
Davis
Dixon
Foster
Gamble
Asliurst
McCumber
\
Townsend
Works
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
W atson
W illiam s
NOT VO TIN G — 23.
Gore
Hitchcock
Kern
Lea
Owen
Percy
Rayner
Richardson
Smith, Md.
Warren
Wetmore
S o Mi*. C u m m i n s ’ s substitute was rejected..
■
Mr. PENROSE. Mr. Prtsiilm-kt.
<~f'>'mm11tee on Fmanci
some time ago directed the report adversely o f the House wool
bill. It was understood in committee and, I believe, by the
9019
Senate that the m ajority reserved the right to prepare a sub
stitute bill should they be able to do so in time for action at
this session o f the Senate. B y many it w as assumed that it
was the duty o f the Republicans to fram e a bill, because as to
the w ool schedule the Tariff Board had presented an elaborate
report. A fter many conferences with members o f the com
mittee and with Senators not members o f the committee on the
Republican side it has been possible to reconcile many differ
ences. I now present an amendment for the consideration of
the Senate as a substitute for the House bill, and I sincerely
hope, while it may not meet the views o f all, that it may com
mand the fu ll support o f the Republican vote in the Senate.
A fter the bill is read I
-Rfraijmnent to the
Senate explaining its -character.
v- ,
The PRE SID EN T pro tempore. The amendment Submitted
by the Senator from Pennsylvania w ill be read.
The S e c r e t a r y . It is proposed to strike out all after the
ele ctin g clause and to insert:
That the act entitled “ An act to provide revenue, equalize duties, and
encourage the industries of the United States, and for other purposes,”
approved August 5, 1909, be, and the same is hereby, amended by
■^striking out all of the paragraphs of Schedule K of section 1 of said
act, from 360 to 395, inclusive of both, and inserting in place thereof
the follo w in g:
1. A ll wools, hair of the camel, goat, alpaca, and other like animals v
shall be divided, for the purpose of fixing the duties to be charged *
thereon, into the three following classes :
2. Class 1 ; that is to say, merino, mestiza, metz, or metis wools, or
other wools of merino blood, immediate or remote, Down clothing wools,
and wools of like character with any of the preceding, including Bagdad
wool, China lamb’s wool, Castel Branco, Adrianople skin wool or
butcher’s wool, and such as have been heretofore usually imported into
the United States from Buenos Aires, New Zealand, Australia, Cape of
Good Hope, Russia, Great Britain, Canada, Egypt, Morocco, and else
where, and Leicester, Cotswold, Lincolnshire, Down combing wools,
Canada long wools, or other like combing wools of English blood, and
usually known by the terms herein used, and also hair of the camel,
and all wools not hereinafter included in classes 2 and 3.
3. Class 2 ; that is to say, the hair of the Angora goat, alpaca, and
other like animals.
4. Class 3 ; that is to say, Donskoi, native South American, Cordova,
Valparaiso, native Smyrna, Russian camel’s hair, and all such wools *
of like character as have been heretofore usually imported into the
United States from Turkey, Greece, Syria, and elsewhere, excepting
improved wools hereinafter provided for.
5. The standard samples of all wools or hair which are now or may be
hereafter deposited in the principal customhouses of the United States,
under the authority of the Secretary of the Treasury, shall be the stand
ards for the classification of wools and hair under this act, and the
Secretary of the Treasury is authorized to renew these standards and
to make such additions to them from time to time as may be required,
and he shall cause to be deposited like standards in other customhouses
of the United States when they may be needed.
6. Whenever wools o f class 3 shall have been improved by the ad
mixture of merino or English blood from their present character as
represented by the standard samples now or hereafter to be deposited
in the principal customhouses of the United States, such improved
wools shall be classified for duty as class 1.
7. If any bale or package of wool or hair specified in this act in
voiced or entered as of any specified class, or claimed by the importer
to be dutiable as of any specified class, shall contain any wool or hair
subject to a higher rate of duty than the class so specified, the whole
bale or package shall be subject to the highest rate of duty chargeable
on wool or hair of the class subject to such higher rate of duty, and if
any bale or package be claimed by the importer to be shoddy, mungo,
flocks, wool, hair, or other material of any class specified in this act,
and such bale contain any admixture of any one or more of said mate
rials, or of any other material, the whole bale or package shall be sub
ject to duty at the highest rate imposed upon any article in said bale
or package.
8. The duty on all wools and hair of class 1 and class 2 shall be
laid upon the basis of their clean content. The clean content shall be
determined by scouring tests, which shall be made according to regula
tions to be prescribed by the Secretary of the Treasury. The duty on
all wools and hair of class 1, imported in the grease, shall be 18 cents
per pound on the clean content, as defined above. I f imported scoured,
the duty shall be 20 cents per pound on the clean content, as defined
above. The duty on all wools and hair o f class 2 imported in the
grease shall be 13J cents per pound on the clean content, as defined
above. I f imported scoured, the duty shall be 1 5 i cents per pound on
the clean content, as defined above.
. . . . . .
:: 9. The duty on all wools and hair of class 3 imported in their natittai condition shall be 7 cents per pound; if scoured, 14 cents per
pbund: Provided, That on consumption of wools and hair of class 3 m
the manufacture of carpets, druggets and bookings, mats, rugs for
floors screens covers, hassocks, bedsides, art squares, and portions of
clrnets or carpeting hereafter manufactured oi pioduced in the United
States in whole or in part from wools or liair of class 3 upon which
duties have been paid there shall be allowed to the manufacturer or
producer of such articles a drawback equal in amount to the duties
iwid less 1 per cent of such duties on the amount of the wools or hair
of class 3 contained therein: such drawback shall be paid under such
rules and regulations as the Secretary of the Treasury may prescribe.
10. The duty on v/ools on the skin shall he 1 cent less per pound
than is imposed in this schedule on other wools of the same class and
condition, the quantity to be ascertained under such rules as the Sec
retary of the Treasury may prescribe.
11. Top waste and slubbing waste, 25 cents per pound.
12. Roving waste, ring waste, garnetted waste, and all other wastes
composed wholly or in part of wool, and not specially provided for in
this section, 20 cents per pound.
13. Noils, carbonized, 14 cents per p ou nd ; not carbonized, 11 cents
per pound.
14. Thread waste, yarn waste, 9J cents per pound.
15.
V J 'J Shoddy and wool extract, 10 cents per pound.
L
9620
CONGRESSIONAL RECOKD— SENATE.
10. Woolen rags, flocks, and mungo, 5 cents per pound.
1 7 . Combed wool or tops, made wholly or in part of wool or hair,
28 cents per pound.
18. Wool and hair which have "been advanced In any manner or by
any process of manufacture beyond the washed or scoured condition,
but less advanced than yarn, not specially provided for in this section,
28 cents per pound.
19. Worsted yarns composed wholly or in part of wool, advanced
beyond the condition of singles by twisting two or more single yarns
together, shall be subject to duty at the following rates, namely : On
No. 40. 41 cents per pound, and two-fifths of 1 cent per pound addi
tional for every number in excess of No. 40, or one-fourth of 1 cent
per pound reduction from 41 cents for every number less than No. 40
to and including No. 1 2 ; single worsted yarns shall pay 5 per cent less
duty than that imposed by this paragraph on two or more single
worsted yarns of corresponding number twisted together. Woolen yarns
in singles or two or more yarns twisted together shall be subject to a
reduction of 7 cents per pound from the duties imposed by this para
graph on corresponding numbers of single or twisted yarns. All or
the above when bleached, dyed, colored, stained, painted, printed,
gassed, or singed shall pay 3 cents per pound in addition to the other
duties prescribed in this paragraph. The word “ number ” appearing
in this paragraph, whether applied to woolen or worsted yarns, shall
be taken to mean 560 yards of single yarn to the pound.
■
.
20. On cloths, knit fabrics, flannels, felts, and all manufactures of
every description made wholly or in part of wool, not specially pro
vided for in this section, valued at not more than 20 cents per pound,
the duty shall be 12 cents per pound, and in addition thereto 25 per
cent ad valorem;
Valued at more than 20 cents and not more than 30 cents per pound,
16 cents per pound, and in addition thereto 35 per cent ad valorem;
Valued at more than 30 cents and not more than 40 cents per pound,
20 cents per pound, and in addition thereto 35 per cent ad valorem ;
Valued at more than 40 cents and not more than 50 cents per pound,
24 cents per pound, and in addition thereto 45 per cent ad valorem ;
Valued at more than 50 cents and not more than 60 cents per pound,
28 cents per pound, and in addition thereto 45 per cent ad valorem ;
Valued at more than 60 cents and not more than 80 cents per pound,
32 cents per pound, and in addition thereto 50 per cent ad valorem ;
Valued at more than 80 cents per pound, 35 cents per pound, and in
addition thereto 55 per cent ad valorem ; on all the foregoing composed
in part of wool, but in chief value of any other material, 65 per cent
ad valorem.
21. On blankets composed wholly or in part of wool, valued at not
more than 30 cents per pound, the duty shall be 16 cents per pound,
and in addition thereto 25 per cent ad valorem ;
Valued at more thau 30 cents and not more than 40 cents per pound,
18 cents per pound, and in addition thereto 30 per cent ad valorem ;
Valued at more than 40 cents and not more than 50 cents per pound,
22 cents per pound, and in addition thereto 30 per cent ad valorem ;
Valued at more than 50 cents per pound, 26 cents per pound, and in
addition thereto 35 per cent ad valorem :
Provided, That on blankets over 3 yards in length the same duties
shall he paid as on cloths.
22. On women’s and children’s dress goods, coat linings, Italian
cloths, and goods of similar description and character, of which the
warp consists wholly of cotton or other vegetable material with the
remainder of the fabric composed wholly or in part of wool, the duty
shall be 7 cents per square yard; on women’s and children’s dress
goods, coat linings, Italian cloths, bunting, and goods of similar descrip
tion or character composed wholly or in part of wool, and not specially
provided for in this section, the duty shall be 11 cents per square
yard, and in addition thereto on all the foregoing 50 per cent ad valo
rem : Provided, That on all the foregoing weighing over 4 ounces per
square yard the duty shall be the same as imposed by this schedule on
cloths.
23. On clothing, ready-made, and articles of wearing apparel of every
description, except such as are knitted, made up or manufactured wholly
or in part, felts not woven, and not specially provided for in this sec
tion, webbings, gorings, suspenders, braces, bandings, beltings, bindings,
braids, galloons, edgings, insertings, flouncings, fringes, gimps, cords,
cords and tassels, ribbons, ornaments, laces, trimmings, and articles
made wholly or in part of lace, embroideries, and all articles em
broidered by hand or machinery, head nets, nettings, buttons or barrel
buttons or buttons of other forms for tassels or ornaments, and manu
factures of wool ornamented with beads or spangles of whatever ma
terial composed, any of the foregoing made of wool or of which wool
is a component material, whether containing india rubber or not, 65
per cent ad valorem.
24. On knitted wearing apparel of every description, and all knitted
articles and manufactures thereof, valued at 80 cents per pound or
more, composed wholly or in chief value of wool, 24 cents per pound,
and in addition thereto 45 per cent ad valorem ; if valued at less than
80 cents per pound, 24 cents per pound, and in addition thereto 35
per cent ad valorem ; on all the foregoing composed in part of wool,
but in chief value of any other material, 60 per cent ad valorem.
25. On handmade Aubusson, Axminster, Oriental, and similar car
pets and rugs, made wholly or in part of wool, the rate of duty shall
be 50 per cent ad valorem ; on all other carpets of every description,
druggets, bookings, mats, rugs for floors, screens, covers, hassocks,
bedsides, art squares, and portions of carpets or carpeting, made wholly
or in part of wool, the duty shall be 30 per cent ad valorem.
26. Whenever, in any schedule of this act, the word “ wool ” is used
in connection with a manufactured article of which it is a component
material, it shall be held to include wool or hair of the sheep, camel,
goat, aloaca, or other like animal, whether manufactured by the woolen,
worsted, felt, or any other process.
27. The foregoing paragraphs, providing the rates of duty herein for
manufactures of wool, shall take effect on the 1st day of January, 1913.
Mr. PENROSE. Mr. President, many Senators assume that
part of the unanimous-consent agreement would preclude any
amendments being offered to the pending measure. The amend
ment o f the Senator from Iowa [Mr. C u m m i n s ] , however, was
offered yesterday, and it was only this afternoon that I was in
a position to offer the amendment which has just been read.
For this reason, and on account of the lateness o f the hour, it
is obviously impossible for me to furnish the Senate with full
information and data as to the reductions in this amendment.
But I have a statement which has been very carefully prepared
.July 25
..and I will ask the Clerk to read it. It is short, and I invj,
the careful attention o f the Senate to it. It is in the nature at
a report on the bill, I may say, Mr. President.
01
The PRESIDENT pro tempore. Without objection the state
meat will be read.
The Secretary read as fo llo w s:
“ This amendment is an attempt to make the duties on Wo ,
and woolens conform as nearly as possible to the information 01
that subject which has been furnished in the recent report at
tlie Tariff Board. Schedule K, on account o f having a
o i l the raw material (w ool) and also on the finished product
(<lpth), has always presented great difficulties. The p r o b W
h|| been how to divide into their respective classes the gro^
vdliety o f articles to which the duties apply and still have rates
tlS t would be adequately protective to all articles without beinf
eiiiessive as to some.
s
I In this amendment, by following the suggestions o f th»
Tariff Board and putting the wool duty on the clean contents
offth e wool instead o f on the wool in the grease, it has been
possible to write a measure in which the duties on cloths have
be^n much more evenly distributed than in the present W
The Republican members of the Finance Committee, therefore’
are able to present an amendment which they believe has <
>
’
lovfer range of duties on all manufactured products, and in n*
0
cagfc, so far as they have been able to study the subject,
crosses the duties. On cloths, for instance, the duties have
bcetu reduced from in the neighborhood o f 10 per cent on the
high-priced and expensive fabrics, which may be classed as paxl
urigs, to as much as approximately 125 per cent on tke lower
an<! cheaper grades. On blankets o f the higher grades there are
reductions running from 12 per cent to 24 per cent and on some
o f £he cheaper qualities, where the value runs from 30 cents to
40 Cents per pound, the present duties in many cases have been
almost cut in half. The duties on yarns show a reduction 0f
from 8 per cent to 45 per cent under the different conditions of
the market. In the same way the duties on tops w ill show reduc
tions running from 35 per cent to a little over 50 per cent. j n
spite o f these very considerable reductions as applied to the
different schedules o f the bill, it is believed it will still afford
adequate protection to the two great industries— woolgrowin,,.
and wool manufacturing— and that if it should be enacted into
law, It would enable both the farmer, the manufacturer, and
wage!earners engaged in this industry to continue to derive
their [livelihood from those pursuits in which they have been
so long engaged and at the same time meet the demands on the
part Of the consumer for a revision o f this schedule.”
Mr' WILLIAMS. Mr. President, the spectacle o f the Sen
ator from Pennsylvania [Mr. P e n r o s e ] in the role o f a tariff
reformer is so astonishing that I hope we will be forgiven foitrying to get some further information about the amendment
which he has offered. We could not follow it in the way one
could follow one o f the old bills and make any sort o f com
parison. The statement which he has made is, to say the least
of it, k ery scant.
I do not know when the amendment was submitted to the
Senate. It is rather a curious thing that the leader o f that
element o f the Republican Party which has been contending most
strenuously for taking plenty o f time in reforming a great sys
tem Which spells prosperity or disaster to the industries of the
Nation should have gotten into such a hurry at this particular
crisis I do not think the amendment has been submitted very
lo n g .' I would ask the Senator from Pennsylvania how long?
Mr PENROSE. The amendment has never been introduced
in the Senate as a bill. It was not until this morning that I
received authority from my colleagues to present it to this body
I ain not posing as a tariff reformer, Mr. President, as the
Senator from Mississippi [Mr. W i l l i a m s ] would assume, and,
therefore, I hope he will recover from his shocked sensibilities.
I have deferred to the judgment o f a large, number o f my col
leagues, who thought that because the Tariff Board had re
ported it was incumbent upon them to present, if possible, a
measure to the Senate. Others thought that, as they did not
have control in any way of the other branch o f Congress, it
would be labor thrown away, and that the time might be
devoted to better matters in closing up this session, and that it
would be useless to frame a measure.
But this amendment is the result o f a general conferring and
reconciling o f many differences. It is based on the report o f the
Tariff Board. It is a measure o f fair protection and yet a
revision downward.
W e all concede that Schedule K has been upon the statute
books for many years without practically any change. Prac
tically since the McKinley bill the schedule has remained as
it is, with a few minor alterations. All o f us admitted that it
was preeminently the schedule which at an early practical
1912.
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CONGRESSIONAL RECORD— SENATE.
Mr. PENROSE. I should like to answer the question o f the
Senator from Nevada, i f he w ill permit me.
Mr. NEW LANDS. Certainly.
Mr. PENROSE. I want to state emphatically that in the
opinion o f those who have read this amendment it is absolutely
based upon the recommendation o f the T ariff Board. The
greatest care and study w ere devoted to that voluminous report,
and there is not a rate in the amendment which, iii the opinion
o f those responsible for it, is not authorized and justified by
the report o f the Tariff Board. It may be a question o f opinion,
and you could fram e many different bills under that report, but
as far as those who framed the amendment are concerned, they
have in good faith endeavored to adhere absolutely and strictly
to the recommendations o f the board.
Mr. NEW LANDS. It certainly was not my purpose to at
tempt to cross-examine the Senator from Iowa. I was simply
seeking for inform ation regarding an amendment which has
been suddenly introduced and concerning the construction o f
which opinions differ, and I simply wish to know from the
Senator from Iow a, who is recognized as an expert on such
matters and whose knowledge o f the w ool schedule is much
biore accurate than that o f most o f us, whether he regards the
duties fixed by the amendment o f the Senator from Pennsyl
vania as higher than those fixed by the standard o f the Tariff
Board?
I was aware,' o f course, that these duties were higher than
those contained in the amendment presented by the Senator
from Iowa, but I was not inform ed as to whether the duties
fixed by the Senator from Pennsylvania conform ed to those
Which w ere warranted by the findings o f the Tariff Board.
Mr. CUMMINS. I f the Senator from Nevada was not here
When I explained my amendment-----Mr. NEW LANDS. I heard* a portion o f the Senator’ s speech.
Mr. CUMMINS. Then I must withdraw my suggestion that
he was trying to cross-examine me.
I stated that I was endeavoring in my amendment to carry
iuto effect the Tariff B oard’s report, and that I had availed
uiyself o f inform ation which that report contained; that upon
one or two matters in which I felt the Tariff Board had erred
I declined to accept its findings; but upon the whole, my amend
ment, as I stated repeatedly, w as based upon the report o f the
Tariff Board, and inasmuch as the duties in the amendment
before us now are much higher than the duties in the amendment
Which I proposed, I assumed that the Senator from Nevada
could easily conclude that I believed that the duties in the
amendment before us are higher than are warranted by the
report o f the Tariff Board.
Mr. N EW LANDS. I w ill state to the. Senator that I was
unfortunately called from the Chamber whilst he was addressfbg the Senate upon his amendment, and I did not hear that
Portion o f his address regarding the conform ity o f his bill with
the report o f the Tariff Board.
Mr. TOW NSEND obtained the floor.
Mr. W ILLIA M S . Mr. President-----The P R E SID E N T pro tempore. Does the Senator from
Michigan yield to the Senator from Mississippi?
Mr. W ILLIA M S. I merely wanted to ask the Senator from
fow a a question before he sat down.
Mr. TOW NSEND. I yield.
Mr. W ILLIA M S. I have not had the opportunity to read the
amendment at all. I understand that just a few copies have
been printed fo r the committee. But I understood the Senator
from Iow a to say that cloths valued at from 20 to 30 cents a
Pound were taxed 1G cents specific duty plus 35 per cent ad
Valorem. Is that correct?
Mr. CUMMINS. No. The amendment provides that cloths or
fabric that is not more than 20 cents per pound shall be taxed
f°r* compensation— I am not including now the ad valorem
duty— 16 cents a pound. But there is no step o f that kind.
Mr. W ILLIA M S. W hat is the ad valorem?
Mr. CUMMINS. The ad valorem is 35 per cent.
Mr. W ILLIA M S . W hat is the tax on cloths between 20 and
cents per pound?
Mr. CUMMINS. Between 30 and 40 cents per pound?
Mr. W ILLIA M S. Between 20 and 30 cents per pound.
Mr. CUMMINS. From 20 to 30 cents a pound the specific
ur compensatory duty is 16 cents and the ad valorem or pro
tective duty is 35 per cent.
Mr. W ILLIA M S. That is what I wanted to get at.
, Mr. CUMMINS. But there is no such division in the exist
ing law.
Mr. W ILLIA M S. That is what I want to get at. Now, 16
eents specific duty-----Mr. CLAPP. I think the Senator-----Mr. W ILLIA M S. The Senator w ill pardon me.
Mr. CLAPP. N o; it is to correct a mistake.
9629
Mr. W ILLIA M S. I beg pardon. As I read it here, it is 12
cents and then 25 per cent ad valorem.
Mr. CUMMINS. I w as speaking o f the duty on cloth from
20 to 30 cents per pound.
Mr. W ILLIA M S. From 20 to 30 cents.
Mr. CLAPP. O h !
Mr. CUMMINS. I so understood the Senator when I an
swered, assuming he asked what the duty was on cloth valued
at 20 cents per pound.
Mr. W ILLIA M S. That is what I was asking. Sixteen cents
on 30 cents is five times 16 cents on a dollar. That is 80 cents,
and if you add 35 per cent to that you have 115 per cent. I
understood the Senator from Utah to say that there w as not a
single duty that w as above 100 per cent.
Mr. SMOOT. I still say so. I defy the Senator to get a
piece o f cloth at 20 cents a pound.
Mr. W ILLIA M S. I did not ask the Senator, when I asked
him the question, what cloth sold at. I asked him i f under
any o f the provisions o f this amendment, if this bill became a
law, there would be left a duty o f over 100 per cent, and he
replied not one.
Mr. SMOOT. I still insist-----Mr. W ILLIA M S. Now, then, here is a provision in the bill
for cloths costing between 20 and 30 cents o f a specific duty o f
16 cents, which is 80 cents on the dollar, plus 35 per cent, which
is 35 cents on the d o lla r ; and SO plus 35 is 115.
Mr. CUMMINS. I w ill not engage in any controversy with
the Senator from Mississippi about that. A ll I say is that in
the existing law the duty on the same cloth would be 33 cents
a pound and 50 per cent ad valorem.
Mr. W ILLIA M S. I understand that, and there is no differ
ence between us upon that point. I agree w ith the Senator. It
is a right material reduction, considering the source whence the
reduction came.
Mr. SMOOT. I wish to say to the Senator that the valuation
o f more than 20 cents and not more than 30 cents is, as the
Senator from Iow a says, a bracket put in this amendment which
is not in the present law.
Mr. W ILLIA M S. W hat has that got to do with the fact that
it is over 100 per cent?
Mr. SMOOT. It has got this to do with it— that there are
no importations o f cloth coming into this country o f 20 cents a
pound.
Mr. W ILLIA M S. I reckon not, with a duty o f over 100 per,
cent on it.
Mr. SMOOT. It is not made. The Senator, if he w ill go any
where— I do not care where he goes— can not get cloth made for
20 cents a pound.
Mr. W ILLIA M S. Nor 30 cents, either.
Mr. SMOOT. Y es; he can get it for 30 cents.
Sir. W ILLIA M S. Between 20 and 30 som ewhere?
Sir. SSIOOT. Between 30 and 40. That is where the bracket
has been in the past.
Sir. W ILLIA M S. At 23 cents you still have over 100 per cent.
Sir. SSIOOT. But there are no importations o f less than 30
cents, and that is where the bracket started in the present law,
and with 30 cents a pound it is not a hundred per cent.
Sir. WILLIAS1S. Now, I w ill ask the Senator from Utah
this question, as a man o f common sense and a constructive
statesman o f a school peculiarly constructive.
Sir. SSIOOT. Are there any other adjectives?
Mr. WILLIAS1S. I f there be no such woolen cloths in the
world as between 20 and 30 cents a pound, why did you put a
provision covering them in the amendment?
Mr. SSIOOT. For this reason : That they wanted to start at
less than 30 cents a pound because it is a fact that there may
be cloths that were cotton cloths and not woolen cloth, but a
little w ool in it, which would come within that figure.
Sir. WILLIAS1S. Now, one word more, if the Senator w ill
pardon me.
. ,
....
... ,
Sir. SSIOOT. I do not think myself there w ill be a pound
o f cloth coming in at that rate.
Sir. W ILLIA M S. Now, w e are reaching the darkey in the
woodpile.” The Senator confesses that this provision w ould
cover not only woolen cloths but cotton cloths— a 10 per cent
mixture or a 5 per cent mixture o f them. Am I correct or not?
Sir. SMOOT. N o ; I did not say that.
This is what the cloth w ill c o s t : Slixed fabrics, flannels, felts,
and all manufactures o f every description, made wholly or in
part o f wool, not specifically provided for in this section, valued
at not more than 20 cents a pound, the duty shall be 12 cents a
pound, and, in addition thereto, 25-----Sir. W ILLIAS1S. I am not talking about less than, 20 per
cent; I am talking about the difference between 20 and 30.
Now, that is in the same language. That language is, “ com
posed in whole or partially o f w ool.” I assert the fact that
CONGRESSIONAL RECORD— SENATE
9630
Mr. TOWNSEND. I beg the Senator’s pardon, if j w
tfue. I inquired for the bill at that time, and was u n - i i i ’^
there are a whole lot o f cloths that sell at 20, 21, 22, and -4 obtain one. I know I discussed it at that time, and I jj.. , to
that are mixed with wool and cotton, and this provision would read the bill. I am glad to correct the statement that if1 ,lot
cover cloths which are 9/10 or 95/100 cotton and the other 1/10 not been printed.
1 h:ifl
or the other 5/100 wool, and that cloth would come in under
Mr. LA FOLLETTE. I remember now, since the
this provision and would be taxed 115 per cent. The Senator mentions that fact, that the day the bill passed the Senate*^0*
from Utah this morning, being asked the question, replied that substitute P requested an additional print o f the bill, bee? as
there was not a single provision in the bill which carried a duty found on that day that the former print had been exhausi Se I
Mr. TOWNSEND. I am obliged to the Senator, beca
o f over 100 per cent.
Mr. TOWNSEND. Mr. President, I decline to yield further. know it was impossible for me to obtain a copy when I vv!,ISe I
Mr. W ILLIAM S. I thank the Senator for what he has already to look it over and find out wnai the bill was.
iooji
u in ,...v.
Wahtea
what m e um
T r f T rnflv trespass just
-,
Mr. LA ■ U - ~
FOLLETTE. I f I may tj.psDass just a moment l0
done. PRESIDENT pro tempore. The Senator from Michigan
The
I will say that the amendment which I offered—and I niak
is Mr. TOWNSEND. The Senator from Iowa has expressed my statement in correction o f the statement made by the Se?
entitled to the floor.
from Washington— I offered while the bill was under coiWi ia*°r
from Washington— i ouemu niu,v ______
"
ii- was rejected. The bpV
views in reference to this matter much better than I can do. 1 tion in Committee o f the Whole. It was rejected. The bin
do not wish to try to elaborate on the points he has made, but then taken up in the Senate, and I then offered the sain 'Vfls
I desire to call attention to one or two things which have oc identically again, after moving a reconsideration o f the
curred to me which I think are o f some importance at this par .. Mr. JONES. I beg to say that the point o f my su"~° .
was.-that the important amendment offered by the Senator
ticular juncture.
^
I am very much in accord with the idea of having a Tariff I North Carolina had not been considered by anybody, and i f 0 1
11
Board. I have voted for it, and I have talked for it. I believe adopted.
'
1 'va$
in it. I believe its report comes nearer furnishing us with a
Mr. LA FOLLETTE. I f the Senator will permit me, I tl .
rational and authoritative basis upon which to fix a Republican he is mistaken about that. No amendment was offered by . ^
protective tariff than any information which has ever been pre
body, except the one that I offered.
y ailysented to the Congress. Therefore I am inclined in my limited
Mr. JONES. I know that amendment was offered to
knowledge to be governed to some extent by the views o f that bill. It may not have been the bill the Senator has in min i ° ne
Mr. LA FOLLETTE. It may not have been the legishL
board. it has been undisputed up to date in this discussion
Now,
we are now considering—the wool schedule. I have t h a t . 1
1
that this proposed amendment does come nearer complying
* '
with the requirements o f the Tariff Board and that report than definitely in mind. may not have been the wool schedule ery
Mr. JONES. It
existing law. It does make a substantial reduction in the direc
was one o f the tariff bills on which the same procedure hnu i ^
tion o f making our duties conform to the difference in the cost
‘ ” eeh
o f production here and abroad. That being true, I can not followed.
Mr. TOWNSEND. Mr. President, the only object I ],m
understand the position some Senators take when they say they rising at this time was to call attention to the fact that th m1
1
can not support it because it does not go as far as they would before us is a substantial reduction of duties in the directi bi)l
like. The only argument I have heard Senators make— and the
the report made by the Tariff Commission. Therefore to
Senator from Minnesota has made it with a good deal of em o f us who believe that we ought to be guided by ’that 086
phasis—is that he does not propose to vote for a proposition ought to reduce duties to the extent o f the difference bet < l< T
U1
which he has not had time to consider.
the cost o f production, it is an improvement; and I can 6 1
61
production,
I remember sitting in this body something like a year ago the cost of ^ ow We can it is an turn this down and Utl' e i no
■— J l e n n
afford to
bn, hot
tlie. “
have no
—
when the Senator from Wisconsin [Mr. L a F ollette] presented understand_howwe ^ tmg ia itB place. The fact I ha^
his substitute to the bill then pending. That substitute had not mentioned flint''this has not been printed is not the firs! iu;
been printed, at least it had not been distributed, as I was un stan cl'^liere a tariff bill has been so amended, and witfiY
able to get a copy at that time. It was acted upon and passed
nrotest as I remember it.
. . .
as a substitute for that measure; and some o f the gentlemen
The PRESIDENT pro tempore. The question is on agreeing
who are now complaining at this hurried action voted for it.
t0 th l amendment of the Senator from Pennsylvania [Mr. PE
>* A
Another thing, that day on the floor o f the Senate the Senator rose] in the nature of a substitute, on which the yeas and
from North Carolina [Mr. O verman ] presented an amendment nays have been ordered. The roll will be called.
>
in the form o f a revision o f the entire chemical schedule, which
The Secretary proceeded to call tne roll.
/
had never been presented to any committee, had never been
,L e f^T t INGHAM (when Jiis name was called). I haye a
i
printed, and the Senator from North Carolina asked that that
Z o v Senator from South Carolina tMr
bill be passed without reading.
Tollman ] who is necessarily absent this evening. I f he were
31
So this is not unusual action that we are taking now on some
o f these same great subjects. Matters have been presented not PrM r SHIVELY ( when Mr! K ern’ s name was called) I wish
wisely, as it has seemed to me, because I agree that we ought to again announce that my colleague [Mr. K ern ] is paired with
to have time to consider them ; but this proposed bill has been S i *!ninr Senator from Tennessee [Mr. Sanders]. Were my
current rumor, at least, before the Senate for some time, the
colleague present, he would vote “ nay.” I will leave this state.
same as the La Follette amendment, so called, something over a
Sont stauu a» l . --------- part of it.
ment stand as to the first _ name was cal.ed). I again
v
Mr
Mr. LIPPITT (when his
called), j.
year ago.
Mr. JONES. Mr. President-----nomice the transfer o f my pair with the Senator from Tennis
The PRESIDENT pro tempore. Does the Senator from
see [Mr. L ea ] to the Senator from South Dakota [Mr. Gamrl,,o
Michigan yield to the Senator from Washington?
Mr. TOWNSEND. With pleasure.
Mr. JONES. I suggest also that my recollection is that when
one o f the substitute measures was up, presented by the Senator
from Wisconsin, that measure was voted down, and then after
the Democratic bill had been voted down a motion was made to . j i u
%; ■
reconsider, and when it was carried the Senator from Indiana nV ° C H A M B E R L A I N (when Mr. O w en ’ s name was called).
[Mr. K ern ] presented a very important amendment to the sub
stitute that no one, so far as I know, had seen, and that was The senior Senator from Oklahoma [Mr O w e n ] is paired with
t] e senior Senator from Nebraska [Mr. B rown ]. If the Senator
voteu into the substitute and adopted.
from Oklahoma were present, he would vote “ nay.”
Mi-. TOWNSEND. I recall that very well.
Mr W ILLIAM S (when Mr. P ercy’ s name was called). My
Mr. LA FOLLETTE. Mr. President-----The PRESIDENT pro tempore. Does the Senator from colleague [Mr. P e r c y ] is absent and paired. I f he were present,
he would vote “ nay.
Michigan yield to the Senator from Wisconsin?
Mr SHIVELY (when Mr. R ayner ’ s name w as called), i
Mr. TOWNSEND. I do.
' in‘ announce that the senior Senator from Maryland [Mr.
Mr. LA FOLLETTE. I rise just to make a correction, if the
R a y n e r I is paired with the junior Senator from Kentucky [Mr.
Senator will permit me.
B radley]. Were the senior Senator from Maryland present, he
Mr. TOWNSEND. Gladly.
Mr. LA FOLLETTE. The bill which I offered as a substitute would vote “ nay.”
Mr DU PONT (when Mr. R i c h a r d s o n s name was called).
was introduced on the 21st day of June, and offered as a sub
stitute on the 27th day o f July. It was printed and on the Mv colleague [Mr. R i c h a r d s o n ] is absent from the city and is
desks o f Senators for one month and six days before it was paired with the junior Senator from South Carolina [Mr.
offered.
1912.
CONGRESSIONAL RECORD— SENATE.
S m i t h ],
I f my colleague were present and free to vote, he
would vote “ yea.”
Mr. SANDERS (when his name was called). I am paired
wi i h the junior Senator from Indiana [Mr. K een]. I f I were
at liberty to vote, I would vote “ yea.”
Mr. SM ITH o f South Carolina (when his name was called).
I h a v e a general pair with the Senator from Delaware [Mr.
RiciiAiiDsoN]. I transfer that pair to the Senator from Maine
[Mr. G a r d n e r ] and vote. I vote “ nay.”
Mr. W AR R E N (when his name was called ). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F oster],
who is absent on account o f illness, and I therefore withhold
my vote.
Mr. L IP P IT T (when Mr. W etmore’ s name was called). My
colleague [Mr. W etmobe] is necessarily absent from the Senate.
He is paired with the Senator from Arkansas [Mr. C larke ].
The roll call was concluded.
Mr. BURNHAM. I again announce my pair with the junior
Senator from Maryland [Mr. S m it h ]. In his absence I with
hold my vote. I f I were at liberty to vote, I would vote “ yea.”
Mr. BR A D LE Y (after having voted in the affirmative). A few
moments ago I inadvertently voted when paired with the Sen
ator fro m Maryland [Mr. R a y n e r ]. I desire to withdraw my
vote, and to state that I would vote “ yea ” if he were present.
Mr. M ARTIN I! o f Nc-w Jersey. I was requested to announce
the pair between the Senator from A r k a d i s [Mr. D a v is ] and
the Senator from Kansas [Mr. C urtis ].
The result was announced— yeas 34, nays 32, as follow s :
The Secretary. At the end o f the bill it is proposed to insert
the follow in g:
S ec . 2. That a board is hereby created, to be known as the Tariff
Board, which shall be composed of five members, who shall be appointed
by the President, by and with the advice and consent of the Senate.
The members first appointed under this act shall continue in office from
the date of qualification for the terms of two, three, four, five, and six
years, respectively, from and after the ls t'd a y of July, A. D. 1911, the
term of each to be designated by the President; but their successors
shall be appointed for terms of six years, except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
member whom he shall succeed. The President shall designate a mem
ber of the board to be the chairman thereof during the term for which
he is appointed. Any member may, after due hearing, be removed by
the President for inefficiency, neglect of duty, or malfeasance in office.
.Not more than three members o f said board shall be members of the
same political party. Three members of said board shall constitute a
quorum.
The chairman of said board shall receive a salary of $7,500
per annum and the other members each a salary of $7,000 per annum,
lh e board shall have authority to appoint a secretary and fix his com
pensation, and to appoint and fix the compensation of such other
employees as it may find necessary to the performance of its duties.
feEC. 3. That the principal office of said board shall be in the city of
Washington. The board, however, shall have full authority, as a body,
by one or more of its members, or through its employees, to conduct
investigations at any other place or places, either in the United States
or foreign countries, as the board may determine. A ll the expenses of
the board, including all necessary expenses for transportation incurred
by the members or by their employees under their orders, in making
any investigations, or upon official business in any other places than
in Washington, shall be allowed and paid on the presentation of item
ized vouchers therefor, approved by the chairman of the board. Should
said board require the attendance of any witness, either in W ashing
ton or any place not the home of said witness, said witness shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States.
S ec . 4. That it shall be the duty of said board to investigate the '-ost
Y E A S— 34.
of production of all articles which by any act of Congress now in force
or hereafter enacted are made the subject of tariff legislation, with
Root
%,
Lodge
Cummins
Borah
special reference to the prices paid domestic and foreign labor and the
Smith, Mich. \
McLean
du Pont
Bourne
prices paid for raw materials, whether domestic or imported, enterin'*
Massey
Smoot
\
Fall
Brandegee
Nelson
Stephenson
\ into manufactured articles, producers’ prices and retail prices of com
Gallinger
Briggs
modities, whether domestic or imported, the cost of transportation from
Oliver
Sutherland
Gronna
Bristow
-Jhe place or places of production to the principal areas of consumption
Guggenheim
Page
Townsend
Burton
the condition of domestic and foreign markets affecting the American
Ileyburn
Penrose
Works
Catron
pspducts, including detailed information with respect thereto, together
J ones
Perkins
Clark. Wyo.
with all other facts which may be necessary or convenient in Axin'*
Poindexter
Lippitt
Crawford
impprt duties or in aiding the President and other officers of the Gov
NAYS — 32.
ernment in the administration of the customs laws, and said board shall
also inake investigation of any such subject whenever directed by either
■ Hitchcock
Newlands
Smith, Ariz.
Ashurst
House of Congress.
Johnson, Me.
Smith, Ga.
Bacon
O'Gorman
S ec , 5. That to enable the President to secure information as to the
Johnston, Ala.
Overman
Smith, S. C.
Bankhead
effect of tariff rates, restrictions, exactions, or any regulations imposed
Bryan
Kenyon
Paynter
Stone
at any .time by any foreign country upon the importation into or sale
Swanson
Chamberlain
La Follette
Pomerene
in any $ucli foreign country of any products of the United States, and
Clapp
Thornton
Martin, Va.
Reed
as to afcy export bounty paid or export duty imposed or prohibition
Watson
Culberson
Shively
Martine, N. J.
made by] any country upon the exportation of any article to the United
Fletcher
Simmons
W illiam s
Myers
States which discriminates against the United States or the products
thereof, and to assist the President in the application of the maximum
NOT VOTING— 2S.
and minimum tariffs and other administrative provisions of the cus
Cullom
Gardner
Rayner
Bailey
toms laws, the board shall, from time to time, make report, as the
Gore
Richardson
Curtis
President shall direct.
Bradley
Kern
Sanders
Brown
Davis
S eg .' 6. That for the purposes of this act said board shall have power
Smith, Md.
Dillingham
Lea
Burnham
to subpoena witnesses, to take testimony, administer oaths, and to
McCumber
Tillman
Dixon
require any person, firm, copartnership, corporation, or association en
Chilton
Owen
Warren
Foster
gaged in the production, importation, or distribution of any article
Clarke, Ark.
Wetmore
Percy
Gamble
under investigation to produce books and papers relating to any matter
Crane
pertaining to such investigation. In case of failure to complv with
So Mr. P enrose’ s amendment was agreed to.
the requirements of this section, the board may report to Congress such
Mr. NEW I jANDS. I do not know whether at this point I failure, specifying the names of such persons, the individual names of
such firm or copartnership, and the names of the officers and directors
u m u n t il a il am um iiiiiriiL.
can o ffe r an amendment.
of each such corporation or association so failing, which report shall
The P R E SID EN T pro tempore. The Chair w ill suggest that also specify the article or articles produced, imported, or distributed by
it will be in order when the bill goes to the Senate, but not now. such person, firm, copartnership, corporation, or association, and the
tariff schedule which applies to such article.
Mr. CUMMINS. Mr. President, a parliamentary inquiry.
Sec . 7. That in any investigation authorized by this act the board may
The PRE SID EN T pro tempore. The Senator w ill state it.
obtain such evidence or information as it may deem advisable, hut said
Mr. CUMMINS. The bill is still in Committee o f the W hole? board shall not be required to divulge the names of persons furnishing
evidence or information
The PRE SID EN T pro tempore. It is still in Committee o f such evidence or information ; and no from any person, firm, so secw-cd
under the provisions of this section
copartner
the Whole.
ship, corporation, or association shall be made public by said board in
such manner as to be available for the use of any business competitor
Mr. CUMMINS. Is it amendable in its present stage?
The PRE SID E N T pro tempore. Not in Committee o f the
W hole, but it w ill be amendable when it reaches the Senate.
Mr. CUMMINS. I simply desire to give notice that when the
bill reaches the Senate I intend to offer an amendment provid
ing for the creation o f a Tariff Commission.
The PRE SID EN T pro tempore. W ithout objection, the bill
will be reported to the Senate.
The bill was reported to the Senate as amended.
The PRE SID EN T pro tempore. The amendment made as
in Committee o f the Whole will, without objection, be con
curred in. The bill is in the Senate and open to amendment.
Mr. CUMMINS. I offer the amendment which I send to the
desk, and in connection with it I will say to the Senate that it
is the Tariff Commission bill as it passed the Senate in 1910.
It is the bill concerning which there was debate here and
some controversy, and which passed over to the other House
and was lost there because o f the lateness o f the hour at which
it reached the House. I offer the bill as an amendment, begin
ning with line 3, as I now send it to the desk.
The PRE SID EN T pro tempore.
The Senator from Iowa
offers an amendment, which w ill be stated.
ICblUDIi L Ul Ci lit i
c
•
S ec 9. That upon the taking effect of this act the body now known
s the Tariff Board shall transfer to the Tariff Board hereby created all
ach property and equipment, books, and papers as are now possessed
r used by said first-mentioned board in connection with the subjects
or which the Tariff Board is hereby created, and thereupon the said
..of confirm pH hoard shall cease to exist.
Mr. OVERMAN. I f I caught the reading correctly, I wish
to call the attention o f the Senator from Iow a to the fact that
the amendment provides that the board shall be appointed after
July 1, 1911. It is a mistake o f the reading clerk or a mistake
in the bill.
Mr. CUMMINS. Dir. President, I ask that the word “ July ”
be stricken out and that “ October ” be inserted, and in the
year that the w ord “ eleven ” be stricken out and “ twelve ”
be inserted.
The PRE SID EN T pro tempore. The amendment proposed by
the Senator from Iow a w ill be stated.
m
0632
•
.CONGRESSIONAL RECORD— SENATE.
J uly 25,
Mr. CHAMBERLAIN. I desire to announce that the Senator
Tlie S ecretary. On page 1, line 10, It is proposed to strike
out the word “ J u l y ” and insert “ October,” and in the same from Oklahoma [Mr. O w e n ] is paired with the Senator from
line to strike out tlie word “ eleven ” and insert the word Nebraska [Mr. B rown ]. I make this announcement for the
rest of the evening.
“ twelve,” so as to read “ nineteen hundred and twelve.”
Mr. BAILEY. I announce my pair with the Senator from
’She PRESIDENT pro tempore.
Without objection, the
Montana [M D ixon ], and I desire this announcement to cover
r.
amendment will be agreed to.
Mr. PENROSE. Mr. President, as X understand from the all the votes for the day.
The result was announced—yeas 40, nays 2G, as'follow s:
Senator from Iowa [Mr. C u m m in s ] this is the identical measure
which passed the Senate during the closing days o f the last
Y EAS— 40.
Crawford
Congress writh practical unanimity. Therefore, so far as I am Borah
Lippitt
Poindexter
Lodge
Cummins
Pomerene \
concerned, I am willing to accept the amendment.
/ Bourne
McLean
Root
du Pont
Brandegee
The PRESIDEN T pro tempore. The question is on agreeing Briggs
Massey
Fall
Smith, Mich.
Nelson
Gallinger
Smoot
to the amendment.
/
Bristow
Newlands
Gronna
Stephenson
Mr. W ILLIAM S. Mr. President, one word first. It seenw to Burton
Oliver
Guggenheim
Sutherland
me that if it be advisable to have a Tariff Board at all, *he Catron
Page
Jones
Thornton
Chamberlain
one which is now in existence is organized, is going ah#?ad, Clapp
Fen rose
Kenyon
Townsend
La Follette
Perkins
Works
and is doing the identical work which this new Tariff Com Clark, Wyo.
mission is expected to do. That is one objection which I hajre to
N AYS— 26.
the amendment.
j
Overman
Smith, S. C.
Hitchcock
Ashurst
Stone
Paynter
Johnson, Me.
Another objection is somewhat more serious. After th i 4th Bacon
Reed
Swanson
Johnston. Ala.
Bankhead
o f March next, when there shall be a genuine Democratic tiriff- Bryan
Watson
Shively
Martin, Va.
revision President in the White House, a Democratic House of Culberson
Williams
Simmons
Martine, N. J.
Smith, Ariz.
Myers
Representatives, and a Democratic tariff-revision Senate, I do Fletcher
Smith, Ga.
Ileyburn
O’Gorman
not want anybody o f any sort to stand as a pretext for the
Congress and the President o f the United States to take A d
NOT VOTING— 28.
Rayner
Gardner
vantage o f to hide behind in order to neglect their duty to the Bailey
Cullom
Richardson
Gore
Bradley
Curtis
American people, which will be to proceed at once to a revision
Sanders
Kern
Davis
o f the tariff downward, as nearly as existing conditions will Brown
Smith, Md.
Lea
Dillingham
Burnham
McCumber
Tillman
permit, to the revenue point.
Uhilton
Dixon
Warren
Owen
Foster
Mr. CUMMINS. Mr. President, I do not understand that Clarke, Ark.
Wetmore
Percy
Gamble
there is any tariff commission now in existence. It is true that Chuie
So the' amendment of Mr. •C m ins was agreed to.
um
the President has been authorized to employ certain persons to
Mr. NEWLANDS. Mr. President, I offer the amendment
secure for him, and through him, I assume, for Congress, cer
tain inform ation; but the board as constituted falls so far short which I send to the desk, to come in as an additional seefidn.
The PRESIDENT pro tempore. The amendment will be
o f the instrumentality that I think we ought to have that I
am sure its existence ought not to stand in the way o f the estab stated.
The Secretary. It is proposed to add at the end o f the bill
lishment o f the commission provided for in the amendment which
I have offered. I f this becomes a law, o f course the other be the follow in g:
Sec. — That on the 1st day of January, 1913, a reduction of 10 per
comes obsolete, and there is no appropriation as yet for it,
cent shall be made in the duties now imposed by law on articles im
any.way.
ported into the United States from foreign countries, and that on the
The PRESIDENT pro tempore. The question is on agreeing 1st day of January of each year thereafter for the period of four years
a further reduction of 5 per cent shall be made on such duties until a
to the amendment proposed by the Senator from Iowa.
total reduction of 30 per cent in such duties shall be m ade: Provided
Mr. REED. I ask for the yeas and nays.
however, That such reductions shall not apply to duties on articles
The yeas and nays were ordered, and the Secretary proceeded which have been specifically fixed by law at this session of Congress or
shall be hereafter specifically fixed by law : And provided further, That
to call the roll.
Mr. BURNHAM (when his name was called). I again an such reductions ..shall not apply to duties on articles the importations
of which during the previous fiscal year have equaled one-tenth of the
nounce my pair with the junior Senator from Maryland [Mr. production of similar articles in the United States.
S m it h ].
Mr. DILLINGHAM (when his name was called). Because
o f my general pair with the senior Senator from South Caro
lina [Mr. T illm an ] I withhold my vote. I f he were present, I
should vote “ yea.”
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
P ercy]. I withhold my vote. Were I at liberty to vote, I
should vote “ yea.”
Mr. SANDERS (when his name was called). On account o f
my pair with the junior Senator from Indiana [Mr. K ern ] I
withhold my v ote; otherwise I should vote “ yea.”
Mr. SMITH o f South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware [Mr.
R ichardson]. I transfer that pair to the Senator from Maine
[Mr. Gardner] and will vote. I vote “ nay.”
Mr. W ARREN (when his name was called.) I again an
nounce my pair with the senior Senator from Louisiana [Mr.
F oster]. I will say that upon all votes which may follow on
this subject I shall stand paired with that Senator.
The roll call was concluded.
Mr. DU PONT. My colleague [Mr. R ichardson ] Is absent.
He is paired with the Senator from South Carolina [Mr.
S mith J. I f he had been present and free to vote, he would
have voted “ yea.” I understand, however, that, as stated by
the Senator from South Carolina, the pair has been transferred
to the Senator from Maine [Mr. Gardner].
Mr. BRADLEY. I again announce my pair with the Senator
from Maryland [Mr. R ayner ]. I f he were present, I should
vote “ yea.”
Mr. LIPPITT. I again announce the transfer o f my pair
with the Senator from Tennessee [Mr. L ea ] to the Senator from
South Dakota [Mr. G amble]. I will let this announcement
stand for the remainder o f the day. I vote “ yea.”
Mr. M ARTINE o f N ew Jersey. I again announce tlie pair
existing between the Senator from Arkansas [Mr. D a v is ] and
the Senator from Kansas [Mr. Curtis ].
Mr. NEWLANDS." Mr. President, we are now considering a
Republican bill upon which the stalwart and the insurgent
Republicans have practically united. Lest this bill should be
come a law, it is my desire to perfect it so far as that can be
done. The bill thus far relates to one o f 13 schedules, the
wool schedule, and makes a reduction in the duties covered by
that schedule. The purpose of the amendment is to make a
gradual reduction in all the other schedules o f the tariff, com
mencing with the reduction o f 10 per cent the first year and im
posing a reduction o f 5 per cent per annum for four years
thereafter, until a total reduction o f 30 per cent is attained.
Now, I wish to call attention to the fact that the adoption
o f this amendment will not prevent contemporaneous reductions
at this session of Congress to a greater degree upon the gen
eral duties of the tariff. The amendment provides that the
reduction shall not apply to duties which are specifically re
duced at this session of Congress, and it shall not apply to
duties which are hereafter specifically reduced. It is simply a
dragnet which will cover every duty not specifically reduced
either at this session o f Congress or at subsequent sessions of
Congress.
I say that in reply to the suggestion made by the Senator from
Missouri yesterday, that my amendment would not apply to
those prohibitory and extortionate duties ranging as high as
100 per cent and higher, upon which it is desirable that greater
reductions should be made in the near future.
This amendment will not prevent such reductions, and the
reductions called for by this amendment will not apply to any
duty which is specifically reduced at this session or which may
hereafter be specifically reduced.
Now, the next suggestion is that this is a blanket amendment,
providing for the reduction o f a ll. duties not specifically re
duced, and that some o f these duties may be and probably are
now revenue duties— duties which would meet the requirement
of the Democratic platform and o f Democratic principles and
that it would not be desirable to reduce those duties even in
this gradual way.
1912.
CONGRESSIONAL RECORD— SENATE.
It may also be suggested that after this reduction has com
Under this amendment there can be no sudden invasion o f
menced the reduction may bring foreign goods to the importing foreign goods dislocating our enterprises and depriving Am er
level, and that if further persisted in it may result in a flood of ican workingmen o f employment, and both parties profess to
foreign importations injurious to or destructive o f American be solicitous not only for the American workingmen but for
industries.
American industries, the Democratic Party pledging to conduct
I wish to say in that connection that whilst the Republican this reduction in such a way as not to injure or destroy any
Party proposes to guard against that contingency, with a view legitimate American industry.
to maintaining a protective tariff, the Democratic Party also
Now, I wish to say a w ord to my Democratic friends upon
proposes to guard against that contingency, for it has pledged this subject. This bill may pass this body, though I hope it
itseif in its platform to conduct these reductions in such a way will be displaced by one which I understand is to be introduced
as to bring it to such an ultimate conclusion as w ill not injure later on as a substitute for it and which w ill make a greater
or destroy any legitimate American industry. So the platforms reduction.
o f both parties require, where a gradual reduction is made,
But this bill may pass, and if it does pass it w ill probably
that a brake shall be provided which w ill prevent excessive for be the only tariff bill that w ill pass at this session of Con
eign importations to the injury o f American workmen or the gress, with the exception perhaps o f the sugar tariff bill. We
injury o f an American industry. The Democratic Party wishes have the opportunity now to force a reduction which will
it turned into a revenue tariff. It is safe to say that any tariff ultimately reach 30 per cent upon over 3,000 articles enumer
which w ill permit the introduction into this country in the way ated in the different paragraphs o f the Payne-Aldrich Act.
o f importations o f one-tentli o f the total domestic consump Shall we not avail ourselves o f that opportunity? I f we come
tion w ill be a revenue tariff, for such a tariff applied to the into power we can make further reductions if we deem them
present dutiable schedule would yield us a revenue o f at least wise. W e may take hold o f the prohibitory duties and the
$300,000,000 a year.
highly excessive duties and reduce them in much greater de
gree than is called for by this amendment. It w ill not at all
Mr. CLAPP. Mr. President—
—
The PR E SID E N T pro tempore. Does the Senator from Ne interfere with our freedom o f movement or freedom o f action
if we come into power, and if we should not come into power
vada yield to the Senator from Minnesota?
we would have forced upon a Republican tariff bill a principle
Mr. NEW LANDS. Certainly.
Mr. CLAPP. I f I understand the Senator’s amendment, it which within five years would accomplish a reduction in the
would apply to any duty now existing which is not changed by present tariff o f 30 per cent.
Were we in power it would be wise to pass such an amend
legislation at this session or by subsequent legislation.
Mr. NEW LANDS. It would not apply to any duty which is ment as this, because it would create alarm nowhere, and the
specifically reduced at this session or any duty which is spe Democratic Party must recollect that it has been defeated
every time by the fears of the workingmen— the men employed
cifically reduced hereafter.
Mr. CLAPP. Yes. Then my question is correct. It would in the protected industries— whose affiliations are naturally
apply to any duty which is not changed at this session or by w ith our party. I f we are defeated in the coming campaign
subsequent legislation.
it will be because our opponents are able to arouse the alarm
Mr. NEW LANDS. Y es; that is true.
not only o f the manufacturers, but their employees, by the
Mr CLAPP. Has the Senator figured out the effect o f this fam iliar dinner-pail argument addressed to the question o f the
proposed reduction in many cases upon raw material as fixed daily bread o f the laboring classes. Think how many o f these
in the Payne-Aldrich tariff bill.
men, whose affiliations with us are their natural affiliations,
Mr. NEW LANDS. I have not figured it out. I simply as are employed in these protected industries—nearly 3,000,000, I
sume that it is perfectly safe for every American industry to am told, in the steel industry alone.
have one-tenth o f the articles consumed in this country brought
Would we put it in the hands o f their employers to go to
from abroad, and just as soon as we reach that importing level them and say, “ The Democratic Party proposes such a radical
this amendment stops the reduction upon that article, so as to reduction in the tariff as not only to imperil us as manufactur
ers, but to imperil your em ploym ent” ? They have been moved
prevent any importations beyond one-tenth.
Mr. CLAPP. Many o f us were opposed to the Payne-Aldrich by such considerations before, and it has been the scare created
bill because, while it was framed under the guise o f protection, among the employees of protected industries in every campaign
it sacrificed many interests in this country as ruthlessly as it that has defeated the Democratic Party.
I urge, therefore, upon the Democrats o f this body to support
raised exorbitantly the tariff upon other things, and especially
is that true, as I recall, with reference to raw material in many this amendment, because it gives an immediate relief, because
it procures that relief through the adoption o f the Democratic
instances.
Now, I am in sympathy with the idea o f a gradual reduction amendment on a Republican measure, because it is a substantial
in the tariff, but for the same reason that I would not vote compliance with the pledge o f our platform, and because it en
for the amendment last proposed without opportunity to study tirely robs the manufacturers o f this country o f their fam iliar
and understand its effect, I, for one, could not vote for the argument that the incoming o f the Dem ocratic Party w ill bring
Senator’ s amendment without knowing what effect it would destruction to the employees o f the protected industries.
But it may be said that when you apply this rate it is a pro
have upon those raw materials, which in some instances, I be
lieve, were ruthlessly sacrificed and in other instances brought tective rate and Democrats can not in any case vote fo r pro
to the very verge o f sacrifice under the Payne-Aldrich tariff bill. tection. I deny that, in the sense that it is an indorsement o f
Mr. NEW LANDS. I regret very much to hear the Senator the protective policy. The Democratic Party refuses to indorse
announce that he can not vote for this amendment, for I thought the protective policy, but it can not ignore the fact that our
it would meet his views. I know that he objected to certain platform states that a protective policy has existed for years
provisions o f the Payne-Aldrich bill upon the grounds which he and that the industries o f the country have become interwoven
asserts. But I suggest that there is no danger at all, even from with it. Realizing that you can not in a moment destroy the
his standpoint, in voting for this amendment, for he should entire protective tariff and bring down these protected indus
recollect that it w ill not apply to any raw material, one-tenth tries in ruin upon our heads, we declared in our platform that
o f the consumption o f which is now imported, for that raw ma we proposed to consider the fact that the industries of. the
country have been interwoven with the protective tariff and
terial is now producing revenue and the duty imposed upon it
we propose to tear them apart gradually and in such a way
is a revenue duty, and I imagine there is not a single raw ma
so as not to injure or destroy any legitimate A m eiican industry.
terial o f which to-day one-tenth o f the total domestic consump
W hy did we put that plank in our platform if we did not
tion is not imported from abroad.
But we w ill assume that none o f these raw materials is im recognize the fact o f protection whilst repudiating the principle
ported from abroad. Is there any danger at all to the occupa of protection? W hy did we put that plank in the platform
tions that produce those raw materials in this country in per unless we intended in good faith to ca iry it out and to bring
mitting one-tenth o f the total domestic consumption to come about ultimately a tariff for revenue only, without dislocating
from abroad? Can such an invasion o f foreign goods or foreign American industries !
So, Mr. President, this is an amendment which can be sup
products be in the least degree destructive? The brake is
applied just as soon as the importations equal one tenth o f the ported by every man who really wants a reduction o f the
total domestic consumption.
Nine-tenths, therefore, o f the tariff. The Republicans want i t They so declare. The Presi
American market is secured to the American producer and only dent wants it. lie so declares. The Democrats want it. They
one-tenth o f the foreign goods come in as competitive regu so declare, and they want it all along the line. W hilst there is
lators. Under this amendment every prohibitory duty in the a difference in the degree o f the reduction, they all unite in
tariff will be gradually changed into a revenue du ty; under demanding a reduction.
Now, here we are in Congress with these three forces opposed
this amendment every excessive duty will be gradually dimin
to each other— the Democrats, the stalwart Republicans, and
ished until it reaches a revenue basis.
'H I
9634
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
J uly 25.
363. The standard samples of all woois which are now or mav bn
hereafter deposited in the principal customhouses of the United Stated
under the authority of the Secretary of the Treasury, shall be th«
standards for the classification of wools under this act, and the Sec
retary of the Treasury is authorized to renew these standards and to
make such additions to them from time to time as may be required
and he shall cause to he deposited like standards in other customhouse^
of the United States when they shall be needed.
3
364. Whenever wools of class 2 shall have been improved by the
admixture of merino or English blood, from their present character -la
represented by the standard samples now or hereafter to be deposited
in the principal customhouses of the United States, such improved wooK
shall be classified for duty as class 1.
365. The duty on wools of the first class shall be 35 per cent ad
valorem.
366. The duty upon wools of class 2 shall be 10 per cent ad
367. The duty on wools on the skin shall be as follows : Class l ;-;X
per cent ad valorem; class 2, 10 per cent ad valorem; the q uantity’and
value of the wool to be ascertained under such rules as the Secretary
of the Treasury may prescribe.
368. Top waste, slubbing waste, roving waste, ring waste, and garnetted waste, 30 per cent ad valorem.
369. Shoddy, noils, wool extract, yarn waste, thread waste, and all
other wastes composed wholly of wool or of which wool is tlic com
ponent material of chief value, and not specially provided for in this
section, 25 per centum ad valorem.
370. Woolen rags, mungo, and flocks, 25 per centum ad valorem.
371. Combed wool or tops, and all wools which have been advanced
in any manner or by any process of manufacture beyond the washed
or scoured condition, not specially provided for in this section, 40 per
centum ad valorem.
372. On yarns made wholly of wool or of which wool is the component
material of chief value, the duty shall be 45 per centum ad valorem.
373. On cloths, knit fabrics, blankets, and flannels for underwear
composed wholly of wool or of which wool is the component material
of chief value, women’s and children’s dress goods, coat linings, Italian
cloths, bunting, clothing, ready made, and articles of wearing apparel
of every description, including shawls, whether knitted or woven, and
knitted articles of every description made up or manufactured wholly
or in part, felts not woven, and not specially provided for in this sec
tion, webbings, gorings, suspenders, braces, bandings, beltings, bindings
braids, galloons, edgings, insertings, Bouncings, fringes, gimps, cordg
and tassels, ribbons, ornaments, iaces, trimmings, and articles made
wholly or in part of lace, embroideries and all articles embroidered
Smith, Ariz.
by hand or machinery, head nets, nettings, buttons or barrel buttons or
Massey
du Pont
Ashurst
Smith, Ga.
buttons of other forms for tassels or ornaments, and manufactures of
Fall
Myers
Bacon
Smith, Mich.
wool ornamented with beads or spangles of whatever material com
Nelson
Fletcher
Bankhead
Smith, S. C.
posed, any of the foregoing made of wool or of which wool is the
Newlands
Gallinger
Borah
Smoot
component material of chief value, whether containing india rubber or
O’Gorman
Gronna
Bourne
not, 55 per centum ad valorem.
Stephenson
Oliver
Guggenheim
Bradley
Stone
Overman
374. Aubusson, Axminster, moquette, and chenille carpets, figured or
Hitchcock
Brandegee
Sutherland
Johnson, Me.
Page
plain, and all carpets or carpeting of like character or description;
Briggs
Swanson
Paynter
Saxony, Wilton, and Tournay velvet carpets, figured or plain, and all
Johnston, Ala.
Bristow
Thornton
Penrose
carpets or carpeting of like character or description ; Brussels carpets,
Bryan
Jones
Townsend
Perkins
figured or plain, and ail carpets or carpeting of like character or descrip
Kenyon
Burnham
Warren
Poindexter
tion ; velvet and tapestry velvet carpets, figured or plain, printed on the
Burton
La Follette
IVatson
Pomerene
warp or otherwise, and all carpets or carpeting of like character or
Lippitt
Catron
Williams
description ; tapestry Brussels carpets, figured or plain, and all carpets
Reed
Chamberlain
Lodge
Works
Root
or carpeting of like character or description, printed on the warp or
McCumher
Clapp
Sanders
otherwise; treble ingrain, three-ply, and all chain Venetian carpets;
McLean
Clark. Wyo.
Shively
Martin, Va.
wool Dutch and two-ply ingrain carpets; carpets of every description,
Crawford
Simmons
Martine, N. J.
woven whole for room s; oriental, llerlin, Aubusson, Axminster, and
L)iliingham
similar rugs ;
The PRESIDENT pro tempore. Sixty-nine Senators have the foregoing, druggets and bookings, printed, colored, or otherwise ; ail
made of wool, or of which wool is the component mate
answered to their names. A quorum is present. The question rial of chief value, 35 per centum ad valorem.
375. Carpets and carpeting of wool or of which wool is the com
is on agreeing to the amendment submitted by the Senator from
ponent material of chief value, not specially provided for in this sec
Nevada [Air. N ewlands ],
tion. 35 per centum ad valorem.
Mr. NEWEANDS. On that I ask for the yeas and nays.
376. Mats, rugs for floors, screens, covers, hassocks, bedsides art
squares, and other portions of carpets or carpeting made wholly 0f
The yeas and nays were not ordered.
wool or of which wool is the component material of chief value and
The PRESIDENT pro tempore. The question is on agreeing not specially provided for in this section, shall be subjected to the rate
to the amendment.
of duty herein imposed on carpets or carpeting of like character or
description.
The amendment was rejected.
377. Whenever, in any schedule of this act. the word “ wool ” is used
The PRESIDENT pro tempore. The bill is still in the Sen
in connection with a manufactured article of which it is a component
ate and open to amendment.
material, it shall be held to include wool or hair of the sheep, camel
Mr. LA FOLLETTE. Mr. President, I move to strike out all goat, alpaca, or other animal, whether manufactured by a woolen’
after the enacting clause and insert what I send to the desk worsted, felt, or any other process. the camel, goat, alpaca, or other
378. Ail manufactures of hair of
as an amendment.
like animal, or of which any of the hair mentioned in paragraph 363
The PRESIDENT pro tempore. The amendment submitted forms the component material of chief value, shall be subject to a duty
of 30 per cent ad valorem.
by the Senator from Wisconsin will be read.
That on and after the day when this act shall go into effect all
The S e c r e t a r y . Strike out all after the enacting clause and goods, wares, and merchandise previously imported, and hereinbefore
insert the follow ing:
enumerated, described, and provided for, for which no entry has been
The act approved August 5, 1000. entitled “An act to provide revenue, made, and all such goods, wares, and merchandise previously entered
equalize duties, and encourage the industries of the United States, and without payment of duty and under bond for warehousing, transporta
for other purposes.” is hereby amended by striking out all of Schedule K tion, or any other purpose, for which no permit of delivery to the im
thereof, being paragraphs 360 to 395, inclusive, and inserting in lieu porter or his agent has been issued, shall he subjected to the duties
imposed by this act, and no other duty, upon the entry or the with
thereof the following :
drawal thereof.
„
,
t
,,
SCHEDULE IC WOOL AND MANUFACTURES THEREOF.
.
That all acts and parts of acts in conflict with the provisions of
360. All wool, hair of the camel, goat, alpaca, and other like animals, f this act he, and the same are hereby, repealed. This act shall take .
shall he divided, for the purposes of this act, into the three following'' effect and be in force on and after the 1st day of January, 1912.
classes :
Mr. LODGE. I move to amend tlie substitute just offered by
361. Class 1, that is to say. merino, mestiza, metz, or metis wool$,
or other wools of merino blood, immediate or remote, Down clothing inserting the amendment which I send to the desk, to come iii
wools, and wools of like character with any of the preceding, includ before the repealing clause. It need not be read again.
It is
ing Bagdad wool, China lamb’s wool, Castel Branco, Adrianople skin
wool, or butcher’s wool, and such as have been heretofore usually tlie Tariff Commission act which the Senate has just adopted.
imported into the United States from Buenos Aires, New Zealand,
The S ecretary . At the end o f section 2, it is proposed to in
Australia, Cape of Good Hope, Russia, Great Britain, Canada, Egypt, sert the follow in g:
Morocco, and elsewhere, Leicester, Cotswold, Lincolnshire, Down comb
ing wools, Canada long wools, or other like combing wools of English
S ec . 2. That a hoard is hereby created, to be known as the Tariff
blood and usually known by the terms herein used, and all wools not Board which shall be composed of five members, who shall he appointed
by the President, by and with the advice and consent of the Senate.
hereinafter included in class 2.
362. Class 2. that is to say, Donskoi. native South American, Cor The members first appointed under this act shall continue in office from
dova, Valparaiso, native Smyrna, and all such wools of like character, tlie date of qualification for the terms of two, three, four, five, and six
as have been heretofore usually imported into the United States from ' years respectively, from and after the 1st day of October, A. D. 1912,
Turkey, Greece, Syria, and elsewhere, excepting improved wools herein 4he term of each to be designated by the President; but their successors
after provided f o r ; the hair of the camel, Angora goat, alpaca, and shall he appointed for terms of six years, except that any person chosen
other like animals.
<
t o h ll a vacancy shall be appointed only for the unexpired term of the
the insurgent Republicans—each having different theories as to
the amount o f reduction, but all o f them favoring a reduction.
Here we have a political condition in which the House is o f one
political complexion, the Senate o f another, and the President
allied to the Senate in political affiliation. It is utterly impos
sible to carry any measure without the consent of these three
parties, these parties who act as the agents o f the people with
a view to carrying out their demands upon an economic ques
tion ; and are we to stand in the face o f the American people
and say that men o f intelligence, men of patriotism, in these
two bodies and in the executive department can not get together
upon any reduction, though all declare themselves in favor of
some reduction?
I f we assume that position, will not the people be justified
in the suspicion and distrust which they now entertain o f their
public servants? That suspicion and distrust are manifestin
themselves now in efforts to take away from representative
government the powers delegated and restoring them to the peo
ple themselves. Can a body o f intelligence like this before the
American people confess its inability to join with the President
o f the United States and the House o f Representatives, both of
them in favor o f substantial reductions in the tariff, and say
to the American people we are powerless to do anything? The
American people will not say you are powerless to do anything;
they will say you lack the sincerity which enables you to carry
out your professions. Your action w ill simply increase the dis
trust now entertained o f representative government.
Mr. President, I will ask for a quorum.
The PRESIDENT pro tempore. The Senator from Nevada
makes the point that there is no quorum. The roll will be
called.
The Secretary called the roll, and the following Senators answered to their nam es:
valorem
1912.
C N R & J N L R C R —SENATE
O G fJ S O A E O D
;nate
member whom he shall succeed. The President shall designate a mem
rm rat
ber of the,,board to be the chairman thereof during the term for which
'lie is appointed. Any member may, after due hearing, be rerawed by
/th e President for inefficiency, neglect of duty, or malfeasance in, office.
/ Not more than three members of said board shall be members of the
/ same political party. Three members of said board 3hall constitute a
quorum. The chairman of said board shall receive a salary of $7,500
per annum and the other members each a salary of $7,000 per annum.
The board shall have authority to appoint a secretary and fix his com
pensation, and to appoint and fix the compensation of such other
employees as it may find necessary to the performance of its duties.
Sec . 3. That the principal office of said board shall be in the city o f
Washington. The board, however, shall have full authority, as a body,
by one or more of its members, or through its employees, to conduct
investigations at any other place or places, either in the United States
or foreign countries, as the board may determine. All the expenses of
the board, including all necessary expenses for transportation incurred
by the members or by their employees under their orders, in making
any investigations, or upon official business in any other places than
in Washington, shall be allowed and paid on the presentation of item
ized vouchers therefor, approved by the chairman of the board. Should
said board require the attendance of any witness, either in W ashing
ton or any place not the home of said witness, said witness shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States.
,.
,
,
Sec . 4. That it shall be the duty of said board to investigate the cost
of production of all articles which by any act of Congress,_ now m force
or hereafter enacted, are made the subject of tariff legislation, with
special reference to the prices paid domestic and foreign labor and the
prices paid for raw materials, whether domestic or imported, entering
into manufactured articles, producers’ prices and retail prices of com
modities, whether domestic or imported, the cost of transportation from
the place or places of production to the principal areas of consumption,
the condition of domestic and foreign markets affecting the American
products, including detailed information with respect thereto, together
with all other facts which may be necessary or convenient in fixing
import duties or in aiding the President and other officers of the Gov
ernment in the administration of the customs laws, and said board shall
also make investigation of any such subject whenever directed by either
House of Congress.
„
,,
,
,.
Sec . 5. That to enable the President to secure information as to the
effect of tariff rates, restrictions, exactions, or any regulafcmns imposed
at any time by any foreign country upon the importation into or sale
in any such foreign country of any products of the United btates and
as to any export bounty paid or export duty imposed or prohibition
made by any country upon the exportation of any article to the United
States which discriminates against the. United States or the products
thereof and to assist the President in the application of the maximum
and minimum tariffs and other administrative provisions of the customs
laws, the board shall, from time to time, make report, as the President
shall direct.
S e c . 6. T hat for the purpose of this act said board shall have power
to subpoena witnesses, to take testimony, administer oaths, and to re
quire any person, firm, copartnership, corporation, or association en
gaged in the production, importation, or distribution of any article
under investigation to produce books and papers relating to any matter
pertaining to such investigation.
In case of failure to comply with
the requirements of this section, the board may report to Congress such
failure, specifying the names of such persons, the individual names of
such firm or copartnership, and the names of the officers and directors
of each such corporation or association so failing, which report shall
also specify the article or articles produced, imported, or distributed by
such person, firm, copartnership, corporation, or association, and the
tariff schedule which applies to such article.
S ec . 7. That in any investigation authorized by this act the board may
obtain such evidence or information as it may deem advisable, but said
board shall not be required to divulge the names of persons furnishing
such evidence or information.; and no evidence or information so secured
under the provisions of this section from any person, firm, copartner
ship, corporation, or association shall be made public by said board in
such manner as to be available for the use o f any business competitor
or rival.
S ec . 8. That said board shall submit the results of its investigations,
as hereinbefore provided, including all testimony, together with any
explanatory report of the facts so ascertained, to the President or to
either House of Congress, from time to time, when called upon by the
President or either House of Congress.
S ec . 9. That upon the taking effect of this act the body now known
as the Tariff Board shall transfer to the Tariff Board hereby created all
such property and equipment, books, and papers as are now possessed
or used by said first-mentioned board in connection with the subjects
for which the Tariff Board is hereby created, and thereupon the said
fibet-mentioned board shall cease to exist.
y»
9635
Mr. LA FO LLETTE. I w ill say that the Senator has been
misinformed. This amendment is identical with the bill which
was passed by the Senate on the 27th day o f July, 1911.
Mr. SIMMONS. But, if the Senator from W isconsin w ill per
mit me, as I understand the Senator from Missouri, he means
that an amendment has been offered to the substitute creating
a tariff board.
Mr. LA FO LLETTE. I understand that the Senator from
Massachusetts [Mr. L odge] has offered an amendment to the
amendment w hich I have proposed, but that has not yet been
adopted. The amendment as I propose it is in exactly the
same form in which it passed the Senate on the 27th o f July,
1911.
The PRE SID E N T pro tempore. The question is upon the
amendment to the amendment submitted by the Senator from
Massachusetts [Mr. L odge] to the amendment o f the Senator
from W isconsin [Mr. L a F ollette ].
Mr. CLAPP. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BU RNHAM (when his name w as called ). I make the
same announcement as before with reference to m y pair.
Mr. D ILLIN G H AM (when his name was called ). Because
o f my pair with the senior Senator from South Carolina [Mr.
T i l l m a n ] I withhold my vote; otherwise I should vote “ yea.”
Mr. M cCU M B ER (when his name was called ). I have a gen
eral pair with the senior Senator from Mississippi [Mr. P e rcy ].
I w ill transfer that pair to the senior Senator from Washington
[Mr. J o n e s ] and vote. I vote “ yea.”
Mr. W ILLIA M S (when Mr. P ercy ’ s name was called ). M y
colleague [Mr. P er c y ] is absent and paired, as stated, w ith the
Senator from North Dakota [Mr. M c C u m b e r ]. I f my colleague
were present, he would vote “ nay.”
Mr. DU PONT (when Mr. R ich a r d so n ’ s name was called ).
My colleague [Mr. R ic h a r d so n ] is not in the city. He is paired
w ith the junior Senator from South Carolina [Mr. S m i t h ]. I f
he were present and free to vote, my colleague would vote
“ yea.”
Mr. SANDERS (when his name was called ). I would vote
“ y e a ” were it not for my pair w ith the junior Senator from
Indiana [Mr. K e r n ].
The roll call was concluded.
Mr. BRAD LEY. I again announce my pair with the Senator
from Maryland [Mr. R a y n e r ], but fo r which I should vote
“ yea.”
Mr. SM ITH o f South Carolina l i f t e r having voted in the
negative). I inadvertently voted. I wish to announce that I
am paired with the Senator from Delaware [Mi\ R ich a r d so n ],
but I transfer that pair to the Senator from Maine [Mr. G ard
n er ] hnd w ill allow my vote to stand.
s'v
The result was announced—yeas 31, nays 35, as follow s:
Y E A S — 31.
McLean
Massey
Nelson
Oliver
Page
Penrose
Perkins
Pomerene
Borah
Bourne
Brandegee
Briggs
Burton
Catron
Clark, Wyo.
Cummins
du Pont
Fall
Gallinger
Guggenheim
Heyburn
Lippitt
Lodge
McCumber
Ashurst
Bacon
Bankhead
Bristow
Bryan
Chamberlain
Clapp
Crawford
Culberson
N A Y S — 35.
Myers
Fletcher
Newlands
Gronna
O’Gorman
Hitchcock
Overman
Johnson, Me.
Paynter
Johnston, Ala.
Poindexter
Kenyon
Reed
La Follette
Shively
Martin, Va.
Simmons
Martine, N. J.
Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Thornton
Townsend
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Stone
Swanson
W atson
W illiam s
Works
Th& PRJCSLDENT pro tempore. The question is on agreeing
to the amendment to the amendment.
Mr. LA FOLLETTE. Mr. President, I wish to change, one
word in the amendment which I offered in order to perfect it.
T have not the copy before me, but I wish to change the last
NOT VO TIN G — 28.
word in the amendment offered from “ twelve ” to “ thirteen,”
Gardner
Rayner
Cullom
so that it w ill read, that it w ill go into effect “ January, 1913,”
Gore
Richardson
Curtis
instead o f “ January, 1912.”
Jones
Sanders
Davis
Kern
Dillingham
Smith, Md.
The PRE SID E N T pro tempore. The Senator has a right to
Lea
Dixon
Tillman
m odify his amendment.
Owen
Foster
Warren
Percy
Mr. LA FO LLETTE. The print o f the bill which I have was
Gamble
Wetmore
offered as an amendment on the 27th day o f July, 1911. I will
So Mr. L odge’ s amendment to Mr. L a F ollette ’ s amendment
say to the Senate that the amendment as now offered is ex w as rejected.
actly in the same form in which it was adopted on the 27th
The PRE SID EN T pro tempore. The question now is upon the
day o f July, 1911— not one w ord or figure is changed in the bill
as it was then adopted excepting the change which I have just amendment submitted b y.th e Senator from W isconsin [Mr. L a
F ollette ].
how suggested.
Mr. L A FO LLETTE. I ask for the yeas and nays.
Mr. STONE. I was out o f the Chamber for a while during
The yeas and nays were ordered.
the reading o f the amendment. Some one has said that the pro
Mr. McCUMBER. I offer the amendment which I 'send to the
visions contained in the amendment authorize the appointment
desk to be inserted at the end o f the substitute.
o f a tariff board.
jf
**^Hi*e*
's
9G36
.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
J uly 25
Mr. REED. Mr. President, I merely wish to remark that it is
Tlie PRESIDENT pro tempore. The Senator from North Da
kota offers an amendment to the. amendment, which w ill be stated. .refreshing to find some gentleman who can speak with authority
The S e c r e t a r y . At the end o f the bill it is proposed to insert as to the inner consciousness o f the President.
Mr. NEWLANDS. Mr. President, I am not willing to vote
the follow ing:
With that
That the act entitled “ An act to promote reciprocal trade relations for any amendment that w ill embarrass this bill.
with the Dominion of Canada, and for other purposes,” approved July view, whilst I have always favored a tariff board, I vote agahls<
.
2G, 1911, he, and the same is hereby, repealed: Provided. That from an amendment providing for a tariff board in this bill, assum
and after the passage of this act there shall be a duty of $2 per ton
ing that if a tariff board amendment were attached to this bin
paid on the paper described in section 2 of said act.
, Mr. CLAPP. Mr. President, I have not kept advised as to it would fail to receive a good deal of support it would other-
the result o f the conference upon the previous tariff bill. As
I understand, a similar amendment was added to one o f the
tariff bills. Is not that so?
Mr. STONE. To the steel bill.
Mr. CLAPP. It was added to the^tceTbni. I ask if that bill
has yet been reported from the conference?
Mr. PENROSE. For various reasons the conferees on that
bill have not yet met. In order to make this very praiseworthy
amendment absolutely secure, I would urge its being added to
this bill.
Mr. CLAPP. I certainly commend the interest o f the Senator
from Pennsylvania in repealing the so-called Canadian tariff
bill. H alf of that effort last year would have prevented its
passage.
Mr. SIMMONS. Mr. President, I have always voted against
reciprocity; but I am satisfied that this amendment is offered
for the purpose, or if not for the purpose it might have the
effect, o f defeating the bill which the Senate may pass to-night.
For that reason I shall vote agains it.
Mr. McCUMBEIt. I f the Senator would look at the amend
ment he would see that notice was given over a month ago that
it would be offered as*an amendment to the wool bill, so that
it is not an amendment merely urged at this particular moment.
Mr. SIMMONS. It is offered here to embarrass this bill,
and I shall vote against it.
Mr. McCUMBEIt. I f it would embarrass your bill I think
it would operate very well, indeed, and I should be very glad
to see it adopted for that purpose.
Mr. SIMMONS. I have no doubt the Senator thinks that way.
Mr. THORNTON. Mr. President, like the Senator from
North Carolina [Mr. S i m m o n s ] , who has just spoken, I also
have always voted against Canadian reciprocity, and last year
1 set forth my reasons very fully for doing so. I have done so
because in my opinion it is a most unjustifiable discrimination
against the agriculturists o f this country, forcing them to sell
their products in a free market and then to buy everything they
use in a protected market. For that reason I voted against it,
and unlike the Senator from North Carolina, I shall continue
to vote against it just as long as I can stand up.
Mr. CLAPP. Mr. President, while there may be such a thing
as 'future punishment for those who are gifted with im
mortality— that is, the human race— I do not think it pertains
to a tariff bill. I do not believe in pounding a dog after it
has been killed. So far as the Senate is concerned, we have
already passed an amendment repealing the Canadian tariff
bill. It is asserted, as a great many things during the last three
years have been asserted, that the measure containing that
amendment will be vetoed. If that is true, this measure also
w ill be vetoed if it contains that amendment, and, as I be
lieve, we should try to get some reduction from the tariff bill
o f 1909, having already voted to repeal the Canadian tariff bill
which no man ever heard me mischaracterize as “ reciproc
ity'” — we might as well call a one-handled jug a pair of apothe
cary’s scales as to call the Canadian tariff bill reciprocity. I
shall vote against embarrassing this bill by putting that amend
ment upon it.
Mr. McCUMBER. I f the Senator is very certain that this bill
as it will be passed is going to be vetoed and is certain that the
other will be vetoed also, why can not the Senator vote his senti
ments against reciprocity on this bill the same as on any other?
Mr. CLAPP. Mr. President, the Senator in his zeal has fallen
into the habit of being incorrect. My suggestion was that this
bill might be vetoed if it contained the amendment repealing
the Canadian tariff bill.
Mr. McCUMBER. I can assure the Senator that I do not
believe it will be vetoed for that reason, though it may be
vetoed for other reasons.
Mr. CLAPP. Oh, Mr. President, a new light dawns upon the
situation.
Mr. McCUMBER. I hope if there is a new light the Senator
will follow that light.
Mr. CLAPP. Then we do have authority as to what the
President will do with these tariff bills.
Mr. McCUMBER. I am very certain that this tariff bill will
not be vetoed, because it contains a repeal of the reciprocity
law which now stands as an offer to Canada.
WiS6 1’GCGiVG.
a ed
mn
Mr. McCUMBER. I ask for the yeas and nays on my
ment.
,
,
Mr. SM ITH o f Michigan. Mr. President, so long as the reci.
procity measure remains as it is to-day, it is within th e power
o f Canada to adopt it and make it effective as an international
regulation, and in view o f the unanimity with which this measure
is condemned on both sides of the Chamber and in the agricul
tural communities o f the United States it looks a little in?e
trifling with a very dangerous question to leave entirely in tllG
hands o f a foreign government the right to give effect to ;i
measure that is so generally repudiated in this Chamber and
throughout the country.
A few days ago in some of the northern Provinces o f Canada
notably Saskatchewan, they again voted their approval o f the
reciprocity arrangement o f the Laurier government with the
United States, and we can not tell when that people may
determine to give effect to this la w ; and to leave it lingering
on the statute books where vitality may be given to it at any
moment by a foreign people surprises mo greatly, especially
when the sentiment on both sides o f this Chamber is against it
For one I shall never lose an opportunity to recall that measure
and to invalidate that act.
Mr. CLAPP. Mr. President, so far as it is proper within the
rules o f senatorial discussion, I w ill say I am surprised that
those who have already voted to reduce the tariff should seek to
embarrass a real substantial reduction by trying to force men
into the false attitude o f voting against the Canadian tariff bill.
I for one will not be driven into any such position, and as long
as we have already passed an amendment denouncing the
Canadian tariff bill, and that is already in conference, I am not
going to be deterred from an effort to get a fair, substantial
reduction upon a schedule that has been denounced by men m
both parties, by the effort to throw me into the false attitude of
voting against the Canadian tariff bill.
I believe if ever there was a wrong committed it was iu
forcing that bill through the Senate, a measure which in 1 9 0 4
had been denounced in the Republican textbook as a Demo
cratic fraud, and yet a Republican President, with all the vainful lure o f patronage, forced that measure through the Con
gress with a Republican Senate a year ago. No threat, no
intimation, no suggestion, and no effort by those who are not
really in earnest in a fair tariff reduction for which the people
are looking, having appealed to the Senate for a relaxation and
a lessening o f the burdens o f the wool schedule, w ill deter me
from unmasking at this time the efforts to embarrass this meas
ure now pending by attempting to throw Senators into the
attitude o f being hostile to the repeal o f the Canadian tariff
bill.
Mr. W ILLIAM S. Mr. President, to lapse into southern dia
lect for a minute, “ it is mighty pore policy and pore ethics to
beat the devil round the stump.”
Mr. CLAPP. That is right.
Mr. W ILLIAM S. Gentlemen need not rise here and attempt
to fool the country, they need not even attempt to fool them
selves, with the pretense that the object in offering this amend
ment is to secure the repeal o f the Canadian reciprocity law.
They know, we all know, and the most ignorant human being in
the United States w ill know, that the object in offering this
amendment is to prevent the measure to which this is sought
to be attached from becoming a law, to prevent, if possible/ its
passage through the House o f Representatives.
It is mighty good policy and mighty good ethics to be honest
with one another and to be honest with the country. There is
not a man within the sound o f my voice who does not know
that the object in offering this amendment and the object in
supporting it is not the amendment itself, but to embarrass the
measure upon which it is proposed that it shall be ingrafted.
Mr. THORNTON. As one Member o f the Senate, I deny the
correctness o f that statement as applied to myself.
Mr. W ILLIAM S. There may be now and then somebody
so innocent as to be totally ignorant of the transaction, but that
is the transaction. That w ill be the effect o f this transaction.
Every man in the world is charged with knowledge o f the nat
ural consequences o f his own act, and when it is offered here
at this particular juncture, and when it is voted for at this par-
1912.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
tieular juncture, that is the natural and necessary consequence
in the opinion o f almost everybody, to wit, to prevent the
passage o f this measure through the House, and therefore to
prevent its going to the W hite House.
The President vetoed a similar bill that came from the con
ference, upon the ground that the Tariff Board had not had
time or opportunity to report; upon the ground that he did not
possess the information, without the aid o f the Tariff Board,
upon which he could base his action. The Tariff Board has
reported, and this bill can not, in my opinion, be pronounced by
anybody to be in conflict with their final report.
The last pretext, therefore, that the President has for vetoing
this bill has passed into history and out o f sight. I f he be sin
cere in desiring to get the advice o f a Tariff Board, the benefit
o f its investigation and its judgment, those w ill now be before
him, although they were not before him when the bill was last
passed, and he w ill have to take the responsibility before the
country, or else he w ill have to confess that the pretext o f being
guided by the Tariff Board was a pretext and is a pretext.
Mr. CUMMINS. Mr. President, I suppose there is not a Sena
tor here who opposed the reciprocity measure more than I, and
there is no Senator here who desires more earnestly to see it
repealed and removed from the law o f the Nation, but it seems
to me unnecessary to attach its repeal to every measure that
uaay come before the Senate. W e have already attached it to
one measure, and I think I am violating no confidence when I
say that before this debate shall have come to an end— I mean
the debate upon the three measures covered by the unanimousconsent agreement— there w ill be another opportunity for Sena
tors to vote for the repeal o f the reciprocity act, and for that
reason I do not intend to vote to attach it to this bill.
Mr. McCUMBER.
Mr. President, the devil seems to be chasing
him self around the stump without anybody getting after him.
I first find the Senator fro m Minnesota [Mr. C l a p p ] objecting
to this proposition because he is afraid that the President will
veto the bill. Then I find another chasing him around under
the proposition that it is introduced fo r the purpose o f prevent
ing the bill passing the House.
Mr. CLAPP. I rise to a question o f personal privilege.
The PR E SID E N T pro tempore. The Senator w ill state it.
Mr. CLAPP. I have at no time in this debate or any other
debate suggested that the President would veto a bill. To me
it is a matter o f no consideration. H is is the function to sign
or v e to ; mine to vote for or against the measure. W hat I said
was if he was going to veto another bill because it contained
this amendment, the same argument would apply to this bill
with the amendment attached.
Mr. M cCUMBER. Then we have another one chasing him
in the same direction and suggesting another reason why the
hill in which the provision repealing the reciprocity act had
already been inserted w ill be vetoed. Very w e ll; if it w ill be
vetoed in that bill, then there is no excuse for not putting it
on another bill, and that is all there is to it.
Mr. CLAPP. It would embarrass this bill.
Mr. M cCUMBER. It w ill embarrass this bill? I f the Sen
ate and House are in favor o f the repeal o f that reciprocity
provision, there is an opportunity now to put it through both
H ouses; and if the Senator would not vote for a proposition,
Do matter what the President would do or what the other House
would do, then he should not talk about embarrassing this bill.
He should vote according to his own conscience and his own
judgment as to w h eth er'it is a proper measure in either in
stance, and let the House take care o f itself. I would vote for
this bill and this proposition if I stood alone. I am not in
favor o f the bill as it now comes before the Senate because I
think it is a little too lo w ; that is all. I do not think it gives
adequate protection. The Senator who introduced it thinks
that it does. Neither o f us believes that the Dem ocratic meas
ure gives the adequate protection.
I hope the Senators w ill give every one the same credit for
trying to act according to his own judgment in matters o f this
kind. I am perfectly free to say that I would hope that the
bill would be defeated in the H ouse; but whether it should be
defeated or not, I shall vote for the repeal o f this reciprocity
provision on every bill to which it can properly be attached, and
if it fails in o n e 'it may stand a chance o f passing through in
the other. That is all there is to it.
When it w as voted on before the Senator who then offered it,
although it had been offered in the Senate before, declared
that, he would move it upon every tariff bill that came before
the Senate. I did what he stated he would do—move it upon
each one, or one that was similar to it. I am willing to “
vote
for it. Undoubtedly the m ajority is against putting it on
this bill, but I do not think that the motive o f any Senator
ought to be challenged.
9637
Mr. FLETCH ER. May I ask the Senator i f he w ill vote for
the measure now pending i f the amendment he proposed is
attached to it?
Mr. McCUMBER. I would not vote for it if I thought it
was wrong. I f I thought it was wrong, then I would make it
ju st as near right as I could. I f there is any other good feature
that I could attach to it I would do it.
Mr. FLETC H ER. That is the question I was asking, whether
he w ould or w ould not. H e knows whether it is right or wrong
now, I presume.
Mr. McCUMBER. I thought I made it quite plain that I
believed the amendment was a little too low, and as such I was
not in favor o f it. I do not think that it is anywhere near as
low as the Democratic bill.
Mr. SMOOT. Mr. President, the Senator from Mississippi
[Mr. W i l l i a m s ] made the statement that no one could say but
that the bill under consideration was not in conform ity with
the T ariff Board report. I say that the T ariff Board report not
only once but more than once denounces the ad valorem duties
o f a w ool tariff bill, and I w ill read from ju st one part o f the
report in relation to the ad valorem duties which the proposed
bill carries. On page 394 o f the report the board says :
The economic objection to an ad valorem duty on wool arises from
the fact that the amount of duty paid, since it fluctuates with the
foreign value of the commodity, would not he adjusted to the needs of
the Government, of the consumer, nor of the American woolgrower.
A speculative change in the market which increased the price of wool
would automatically lead to an increase in the amount of duty at the
very time that the manufacturer is most hampered by the existing high
price, when the consumer most needs relief, and the woolgrower is
most prosperous. On the other hand, a fall in price brings a reduction
of duty at a time when the woolgrower is at greatest disadvantage and
when manufacturers can best afford to pay the tax.
Specifically disagreeing to any kind o f plan o f an ad valorem
duty upon the woolen schedule. That is only one o f the many in
stances in this report where the board takes that same position.
The PRE SID EN T pro tempore. Is the demand for the yeas
and nays seconded on agreeing to the amendment o f the Sen
ator from North Dakota [Mr. M cCumber ] to the amendment
o f the Senator from W isconsin [Mr. L a F ollette ] ?
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BR A D LE Y (-when his name was called ). I again state
my pair with the senior Senator from Maryland [Mr. R a y n e r ] ,
I would vote “ yea ” if I were at liberty to vote.
Mr. BURNHAM (when his name was called ). I make the
same announcement as on the previous vote with reference to
my pair with the Senator from Maryland [Mr. S m i t h ].
Mr. D ILLIN G H AM (when his name w as called ). Because
o f m y pair with the Senator from South Carolina [Mr. T il l
m a n ], as already announced, I withhold my vote. I f I w ere not
paired I would vote “ yea.”
Mr. M cCUMBER (when his name was called). 1 again an
nounce my pair with the senior Senator from Mississippi [Mr.
P e rcy ] and the transfer o f that pair to the senior Senator from
Washington [Mr. J o n es ]. I vote “ yea.”
Mr. W ILLIA M S (when Mr. P ercy ’ s name was called ). I
again announce that my colleague [Mr. P e rcy ] is absent on
emergent business; that he is paired with the Senator from
W yoming [Mr. W a r r e n ] ; and that if my colleague were present
and not paired he would vote “ nay.”
Mr. DU PONT (w h en Mr. R ich a r d so n ’ s nam e w as c a lle d ).
I again announce the absence from the city o f my colleague [Mr.
R i c h a r d s o n ] and his pair with the junior Senator from South
Carolina [Mr. S m i t h ] . I f my colleague were present and free
to vote, he would vote “ yea.”
Mr. SANDERS (when his name was called). I am paired
with the Senator from Indiana [M r. K e r n ].
I w ould vote
“ yea ” if I were not paired.
Mr. SM ITH o f South Carolina (when his name w as ca lled ).
I beg to announce my pair with the Senator from D elaw are
[Mr. R i c h a r d s o n ] and the transfer o f my pair to the Senator
from Maine [Mr. G a r d n e r ] . I vote “ nay.”
The roll call w as concluded.
Mr. TOWNSEND. The senior Senator from W ashington [Mr.
J o n es ], who has been here all day and all the cven in g, was
necessarily called from the Chamber. For that reason he did
not answer to his name.
The result w as announced— yeas 30, nays 36, as fo llo w s ;
YEAS— 30.
Borah
Bourne
Brandegee
Briggs
Burton
Catron
Clark, W yo.
du Pont
Fall
Gallinger
Gronna
Guggenheim
Heyburn
Lippitt
Lodge
McCumber
McLean
Massey
Nelson
OlivdT
Page
Penrose
Perkins
Root
Smith, Mich.
Smoot
Stephensoa
Sutherland
Thornton
Townsend
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
9638
Ashnrst
Bacon
Bankhead
Bristow
Bryan
Chamberlain
Clapp
Crawford
Culberson
NAYS— 30.
■ Cummins
Myers
Fletcher
Newlands
Hitchcock
O’Gorman
Johnson, Me.
Overman
.Johnston, Ala.
Paynter
Kenyon
Poindexter
La Follette
Pomerene
Martin, Va.
Reed
Martine, N. J.
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Stone
Swanson
Watson
Williams
Works
Bailey
Bradley
Brown
Burnham
Chilton
Clarke, Ark.
Crane
NOT VOTING— 28.
Cullom
Gardner
Curtis
Gore
Davis
Jones
Dillingham
Kern
Lea
Dixon
Owen
Foster
Percy
Gamble
Rayner
Richardson
Sanders
Smith, Md.
Tillman
Warren
Wetmore
So Mr. M cC umekr’ s amendment to Mr. L a F o l l e t t e ’ s amend
ment was rejected.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment submitted ..by the Senator from Wisconsin
[Mr. L a F ollette ], on wh'icli the yeas and nays have been
.ordered. The roll will be called.
\ The Secretary proceeded to call the roll.
\JVir. BRADLEY (when his name was called). I again an
nounce my pair with the senior Senator from Maryland [Mr.
R ayner | I would vote “ n a y ” if I were not paired.
.
Mr. BURNHAM (when lxis name was allied ). I make the
same announcement as on the previous vote o f my pair with
the Senator from Maryland [Mr. S m it h ].
Mr. WATSON (when Mr. C h il t o n ’ s name was called). I
again announce the absence o f my colleague [Mr. C h il t o n ]. I f
he were present he would vote “ yea.” He is paired with the
Senator from Illinois [Mr. C ullom ].
Mr. DILLINGHAM (when his name was called). I with
hold my vote on account o f my pair, as already announc€c!7
with the Seuator from South Carolina [Mr. T il l m a n ]. I would
vote “ nay ” if he were present.
Mr. McCUMBER (when his name was called). Again an
nouncing my pair with the senior Senator from Mississippi
[Mr. P ercy ], I transfer that pair to the senior Senator from
Washington [Mr. J ones ] and vote “ nay.”
Mr. CHAMBERLAIN (when Mr. O w en ’ s name was called).
I again announce the pair o f the senior Senator from Oklahoma
[Mr. O w e n ] with the senior Senator from Nebraska [Mr.
B r o w n ].
Mr. DU PONT (when Mr. R ich ardson ’ s name was called).
I again announce the absence from the city o f my colleague [Mr.
R ich ardson ] and his pair with the junior Senator from South
Carolina [Mr. S m i t h ], I f my colleague were present and free
to vote, he would vote “ nay.”
Mr. SANDERS (when his name was called). I again an
nounce my pair with the Senator from Indiana [Mr. K ern ].
I would vote “ nay ” if not paired.
Mr. SMITH of South Carolina (when his name was called).
I again announce the transfer pf my pair with the Senator
from Delaware [Mr. R ichardson ]' to the Senator from Maine
[Mr. G akdner I. I vote “ yea.”
The roll call having been concluded, the result was an
nounced— yeas 39, nays 27, as follow s:
Y EAS— 39.
Ashnrst
Bacon
Bankhead
Borah
Bristow
Bryan
Chamberlain
Clapp
Crawford
Culberson
Cummins
Fletcher
Gronna
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon.
La Follette
Martin, Va.
Martine, N. J.
Bourne
Brandegee
Briggs
Burton
Catron
Clark, Wyo.
du Pont
Fall
Gailinger
Guggenheim
Heyburn
Lippitt
Lodge
McCumber
Bailey
Bradley
Brown
Burnham
Chilton
Clarke, Ark.
Crane
Cullom
Curtis
Davis
Dillingham
Dixon
Foster
Gamble
Myers
Newlands
O’Gorman
Overman
Paynter
Poindexter
Pomerene
Reed
Shively
Simmons
NAYS— 27.
McLean
Massey
Nelson
Oliver
Page
Penrose
Perkins
NOT VOTING— 28.
Gardner
Gore
.Tones
Kern
Lea
Owen
Percy
Smith, Ariz.
Smith, Ga. ?
Smith, S. C.T
Stone
Swanson
Thornton
Watson
j
Williams
:
Works.
Root
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Rayner
Richardson
Sanders
Smith, Md.
Tillman
Warren
Wetmore
So M r. L a F o l l e t t e ’ s amendment was agreed to.
The PRESIDEN T pro tempore. The bill is still in the Senate
and open to amendment. I f there he no further amendments
proposed, the question is, Shall the amendment be engrossed
and the bill be read a third time?
July 25,
The amendment .was ordered to be engrossed and the bill
be read tt'third time.
. to
The bill was read the third time.
The PRESIDENT pro tempore. The question is, Shall h
bill pass?
.
110
Mr. WARREN. I ask for the yeas and nays on the nn<j0„
o f the-bill.
agG
The yeas and nays were ordered, and the Secretary procoon
to call the roll.
Ue<1
Mr. BRADLEY ( when his name was called). I make tv
same statement as before regarding my pair with the seni 6
Senator from Maryland [Mr. R a y n e r ]. I would vote “ n a v ”
if he were present.
‘y
Mr. BURNHAM (when his name was called). I withhold
my vote for the reason before stated, being paired with tl
Senator from Maryland [Mr. S m it h ].
Mr. LODGE (when Mr. C rane ’ s name was called). My Co1
League [Mr. C ra n e ] is unavoidably detained from the Cliambe
He is paired with the Senator from Oklahoma [Mr. G ore], fj.
I^rny colleague were present, he would vote “ nay.”
Mr. DILLINGHAM (when his name was called). I
hold my vote on account o f the pair already announced. Other
wise I would vote “ nay.”
Mr. SHIVELY (when Mr. K ern ’ s name was called). I again
announce the unavoidable absence o f my colleague [Mr. K ern]
I f he were present, he would vote “ yea.” He is paired with the
junior Senator from Tennessee [Mr. S anders ].
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [ 3^ '
P ercy ]. I transfer that pair to the senior Senator from Wash
ington [Mr. J ones ] and vote “ nay.”
Mr. DU PONT (w h en Mr. R ich ardson ’ s nam e w as
I again announce the absence from the city o f my colleague [Mr
R ich ardson ] and his pair with the Senator from South Caro
lina [Mr. S m it h ]. I f my colleague were present and free to
vote he would vote “ nay.”
Mr. SANDERS (when his name was called). I again an
nounce my pair with the junior Senator from Indiana [M iK ern ]. The senior Senator from that State advises me that big
colleague would vote “ yea ” if present. So I am obliged to
hold my vote. Otherwise I would vote “ nay.”
Mr. SMITH o f South Carolina (when his name was called).
I again announce my pair and the transfer as before to the
Senator from Maine [Mr. Gardner ], I vote “ yea.”
Mr. W ARREN (when his name was called). I again an
nounce my pair with the senior Senator from Louisiana [Mr.
F oster ]. I withhold my vote in his absence.
The roll call having been concluded, the result wag an
nounced—yeas 40, nays 26, as follow s:
ca )
lled
w
ith
Ashurst
Bacon
Bankhead
Borah
Bourne
Bristow
Bryan
Chamberlain
Clapp
Crawford
Brandegee
Briggs
Burton
Catron
Clark, Wyo.
du Pont
Fall
Bailey
Bradley
Brown
Burnham
Chilton
Clarke, Ark.
Crane
Y E A S— 40.
Culberson
Martine, N. J.
Myers
Cummins
‘ Fletcher
Newlands
Gronna
O’Gorman
Hitchcock
Overman
Johnson, Me.
Paynter
Johnston, Ala.
Poindexter
Kenyon
Pomerene
La Follette
Reed
Martin, Ya.
Shively
N AYS— 26.
Massey
Gailinger
Guggenheim
Nelson
Hey burn
Oliver
Page
Lippitt
Lodge
Penrose
McCumber
Perkins
McLean
Root
NOT VOTING— 28.
Cullom
Gardner
Curtis
Gore
Jones
Davis
Dillingham
Kern
Lea
Dixon
Owen
Foster
Percy
Gamble
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Stone
Swanson
Thornton
Watson
Williams
Works
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Rayner
Richardson
Sanders
Smith, Md.
Tillman
Warren
Wetmore
So the bill was passed.
m essage
from
the
house
.
A message from the House o f Representatives, by D. K.
Hempstead its enrolling clerk, announced that the House had
passed a joint resolution (II. J. Res. 340) making appropriation
to be used in exterminating the army worm, in which it re
quested the concurrence o f the Senate.
ravages
of
arm y
w orm
.
II. J. Res. 340. Joint resolution making appropriation to be
used in exterminating the army worm, was read twice by its title.
Mr. SMITH of South Carolina. I ask unanimous consent for
the present consideration o f the joint resolution.
The PRESIDEN T pro tempore. The joint resolution w ill be
read for the information o f the Senate.
1912.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
count o f jn y smoking habit, I care less about the Tobacco Trust
than I do about any other trust in existence, because whatever
a man pays to it or whatever a man pays to the Government
in tlie way o f taxation on tobacco is a voluntary payment. W e
are not compelled to patronize it, though the habit o f using
tobacco has become so general that a tax upon it is a tax o f
almost universal application. I f the Senate desires to make an
experiment o f this kind it ought to select some enterprise in
whose prices the people have a deeper interest.
Of course, every Senator knows that I am bound by my rules
against using the taxing power to accomplish what the Senate
lias no power to accomplish directly. The Senate would have
no power to say that no tobacco company should manufacture
beyond a certain quantity o f tobacco, cigars, or cigarettes, and
I think it dangerous to assume that power by indirection, be
cause I think it w ill be extended just as the Senator now pro
poses to extend it.
I resisted the tax on oleomargarine. I contended what
the Senator now says, that the whole purpose o f it was to give
the dairies an advantage in competition with the manufacturers
o f oleomargarine. I resisted the tax obviously levied for the pur
pose o f preventing the manufacture o f matches by a certain"
process. And so I will resist this tax.
I f the Dem ocratic Party has any principle left and well set
tled. it is that the Government ought to do directly whatever it
does, so that whatever it does can have a fair scrutiny and a
fair determination in the courts o f the land. But i f w e have
this power and are to exercise it, I am very much inclined to
make the tax on cigarettes absolutely prohibitory. I f we are
going into this business, let us destroy all commerce in that in
jurious article.
But I am one o f those old-fashioned Democrats who believe
that the best w ay to correct a bad habit is to leave it to a
wholesome public sentiment, and i f we must invoke any law I
am inclined to invoke the police power o f the State. But if we
are to concede it to the Federal Government, why not dig up
the cigarette industry by the root and throw it aw ay? I want
to admonish my friend from Nebraska and all my other friends
here that as soon as they establish this principle our prohibi
tionists w ill be clam oring at the doors o f the Senate Chamber
fo r a tax on the manufacture o f liquor, on the sale o f it, and
on the transportation o f it that w ill be in effect a national pro
hibition la w ; and you w ill not be able to place any lim it to this
kind o f legislation.
I want to say to the Senator from Nebraska, besides, that to
levy a tax o f this kind is simply to give one dealer an advan
tage over another dealer. Now, if the Senator answers that
statement with the reply that it is giving an advantage to a
law ful dealer as against an unlawful dealer, I say that the way
to end unlawful business transactions in this country is not
through the taxing power, but it is through criminal prosecu
tions under the antitrust law itself.
I have about reached the point where I am willing to take
out o f the antitrust law its fines and compel the men who or
ganize and operate the trusts o f this country to face prosecu
tion in the crim inal courts, and, in my opinion, that is the
only way to finally and effectively establish the policy o f that
law. . A s long as men are permitted to form and operate these
trusts and to pay a fine to the Government they w ill continue
to organize and operate them, because when the Government
fines them they simply fine the people; and the very purpose
o f a trust being to obtain such a control over the market that
it can lim it supply and fix prices, o f course whenever the Gov
ernment punishes a corporation or a combination o f that kind
by a mere fine, that combination possesses the power to take
that fine out o f the pockets o f the people, and it w ill always
take it out with a usurious interest.
Mr. HITCHCOCK. Mr. President-----_The PR E SID E N T pro tempore. Does the Senator from Texas
yield to the Senator from Nebraska?
Mr. BAJLEY. Certainly.
Sir. HITCHCOCK. I call the Senator's attention to the fact,
however, that the method which I propose here is one which
the trust can not use in that way. It can not pass the tax on
to the consumer.
Mr. B A ILEY . That w ill depend on whether the independ
ents, having the price o f their chief competitors’ articles raised,
w ill follow that rise in the price. Now, unless human nature
has changed it w ill do it, because we know what has happened.
For instance, in the steel industry all the independents say that
they follow the prices fixed by the great corporation. W e know
what has happened in the oil industry. All independents follow
its prices.
Mr. HITCHCOCK. Let me stop the Senator right here.
Mr. BA ILE Y . Yes.
9701
Mr. HITCHCOCK. That happened for the reason that the
Steel Trust and the Oil Trust are able to manufacture much
cheaper, as we have demonstrated, than the smaller independ
ent companies. But by this tax we propose to make the
manufacture so much more expensive that that w ill now be
impossible. It will not be possible for the Tobacco Trust to
hold an umbrella over those small conipanies, as the expression
goes, for the reason that the tax is so high as to make the
manufacture so inviting that the field w ill undoubtedly be
filled, and these independent companies, now numbering even
less than a hundred, certainly only 48 o f any size, w ill in
crease and multiply and restore the condition which existed
prior to 1890, when, as we all know, the conflict between them
was fierce and broad.
Mr. BA ILEY. I think the Senator will find himself mis
taken in the assertion that the Steel Corporation, which is com
monly called the Steel Trust, m anufactures all o f its commodi
ties more cheaply than do some o f the independents.
I think it w ill be found upon an investigation that this enor
mous organization has not economized the cost o f production to
anything like the extent it was prophesied; and whether it has
or not, it is still true, as I said a moment ago, that the smallest
concerns follow its price list, and the testimony is abundant
in the hearings before the committees o f the two Houses o f
Congress that there is no substantial competition, some o f the
Smaller concerns going so fa r as to say that if they attempted
to undersell the greater concern the greater concern would un
dersell them and take their trade away from them.
I do not believe we can safely calculate that the independent
or smaller concerns, when the price o f tobacco is raised by
their larger competitor, w ill necessarily stop where they are
now and suffer their competitors to be destroyed by the tax.
Mr. HITCHCOCK. I think the Senator possibly has mis
understood the effect o f this amendment. I had intended to
make it so high as to become prohibitory and force a dissolu
tion o f the trust.
Mr. BA ILEY. In other words, the Senator is trying by a
tax to control the manufacture o f an article in a State. I
think Congress has no power to do that.
Mr. HITCHCOCK. It is now highly profitable to manufac
ture on an enormous scale, and it will, by operation o f this tax,
become unprofitable to do it. It w ill become more profitable
to the smaller companies to manufacture in smaller amounts.
Mr. BAILEY". That is simply a confiscation o f property.
I f the companies against which this amendment is aimed are
guilty* o f a crime, I would not only confiscate their property in
fines and penalties, but I would put the men who have organized
and who are operating those combinations in the penitentiary.
That is the way to do that— not misuse the taxing power o f the
Government, i f these tobacco companies are still in an unlaw
ful combination, the antitrust law can be enforced against them,
and it ought to be enforced against them with the greatest
severity; but if they are now conducting their business in
obedience to the law, this discriminating tax upon them is in
defensible from every point o f view.
Mr. H ITCH COCK rose.
Mr. BAILEY. I f the Senator w ill permit me ju st to fin
ish—
Mr. HITCHCOCK. Certainly.
Mr. BAILEY. Mr. President, I have heard much about the
necessity o f amendments to the antitrust law. I am one o f
the men who believe that it needs thorough enforcement
rather than amendment. I f the men who are engaged in v io
lating it were properly admonished— and there is but one
admonition that is sufficient to them, and that is to put every
one o f them in the penitentiary as fast as you can get to them—■
if they are properly admonished that it is ju st as dangerous to
the liberty o f a man to organize and operate a trust ip this
country as it is to steal a horse, 1 think they w ill desist. I
believe it is worse, morally and legally, because the theft o f a
horse inflicts an injury only upon the man whose horse is
stolen, while a violation o f the antitrust law in this country,
assuming that that law is founded upon a ju st and wise policy,
not only inflicts an injury upon the thousands and m illions o f
men and children from whom it exacts unlaw ful tribute, but
it works an injury to the Government itself in a hundred w ay s;
and in no way is that injury more impressively illustrated than
by the proposition now presented to the Senate by the Senator
from Nebraska. W e are tempted to wrest the 'law from its
true course and make it serve a purpose outside o f its true
function and its constitutional authority.
The one amendment to the antitrust law that I would make
would be th is : I would provide— and it would be merely a short
additional section to the bill— that whenever any firm, corpora
tion, or person should be found guilty o f violating that law the
9702
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
J uly
56.
members first appointed under this act shall continue in office f rnri
date of qualification for the terms of two, three, four, five M i
rw
years, respectively, from and after the 1st day of July, A. D ’p ) ii siX
court should forthwith appoint a receiver, and that the receiver
should proceed without undue delay to dispose o f the property
at public sale and distribute the proceeds among the stock
ill be appointed for terms of six years, except that any person clm?U
holders, after tlxe expenses o f the proceeding has been satisfied.
fill a vacancy shall be appointed only for the unexpired term of tu1
I f we adopt that amendment, and if we will "enforce the criminal
mber whom he shall succeed. The President shall designate06
provisions o f that law, trusts will disappear from our commer member of the board to be the chairman thereof during the term tva
which he is
Any member
due
cial life. Just as now the managers and owners o f those trusts moved by the appointed. for inefficiency, may, after duty, hearing, be
President
neglect of
or malfensaJ”'
go as far beyond tlxe law as they dare to go without compelling in office. Not more than three membeYs of said board shall be memu1106
the Government to take notice of their transgressions, so under of the same political party. Three members of said board shiii ers
said board shall receive a L 011' oard
a system such as I have suggested they w ill keep as far inside stitute a quorum. The chairman of members each a salary of S7?n!y
of $7,500 per annum and the other
the law as is necesary to insure their safety against prosecution per annum. The board shall have authority to appoint a secretarv ° ° °
by a reasonable officer and insure their requittal if they happen fix his compensation, and to appoint and fix the compensation 0f
other employees as it may find necessary to the performance
to be prosecuted by some man who is unreasonable.
duties.
z As
These men for the sake o f enormous profits promised by these
S e c . — . That the principal office of said board shall be in the u
of Washington. The board, however, shall have full authority ac i -V
combinations will not take the chance o f individual imprison
by one or more
members, or through
!l
ment, nor will they take the chance of the destruction o f their body, investigations at of its other place or places, its employees to n 1'
duct
any
either in the Uni?1
property values. I f we will adopt that simple amendment anil States or foreign countries, as the board may determine. All the ei^
set our faces resolutely to the enforcement o f the law, we can ponses of the board, including all necessary expenses for transporter^'
incurred by the members or by their employees under their orders -1
1
destroy the trusts.
making any investigations, or upon official business in any. other obi 1 1
1
I f we do not do that, the trusts w ill destroy this Government. than in Washington, shall be allowed and paid on the presentationCes
The injustice which they practice upon their customers and itemized vouchers therefor, approved by the chairman of the bon ? /
Should said board
the attendance of
•’
the destruction wrought among their competitors are all stu Washington or any requirenot the home of saidany witness, either 1,1
place
witness, said witn
pendous and awful in their consequences; but, sir, to see. a shall be paid the same fees and mileage that are paid witnesses in n
‘
ttlG
great government like this confess before the world its impo- courts of the United States.
S e c . — . That it shall be the duty of said board to investigate th
tency to deal with any crime, admitting that it can not enforce
cost of production of all articles which by any act of Congress’ now i
its statutes, to confess publicly to the world that it is so defi force or hereafter enacted are made the subject of tariff legislation
cient in its wisdom that it can not devise a law to destroy these with special reference to the prices paid domestic and foreign labor i n i
commercial outlaws without devising one that will likewise the prices paid for raw materials, whether domestic or imported entn
ing into manufactured articles, producers’ prices and retail p r ic e s '*
destroy this Government, is the tragedy o f this century.
commodities, whether domestic or imported, the cost of transportsti °*
The PRESIDENT pro tempore. The question is on agreeing from the place or places of production to the principal areas of* on
sumption, the condition of domestic and foreign markets affecting « ? '
to the amendment proposed by the Senator from Nebraska. 5
American products, including detailed information with respect there?0
Mr. HITCHCOCK. On that I ask for the yeas and nays. ;
trx -p o with all ntlipr fnofs which mnv h nooossflrv m convenient ^0.
p th r
r»
*
. in
together w'ith
other facts which may be necessary or
fixing import duties or in aiding the President and other officers of th~
The yeas and nays were not ordered.
Government in the administration of the customs laws, and said boaru
The amendment was rejected.
shall also make investigations of any such subject whenever directed bv
Mr. FLETCHER. I desire to submit an amendment which either House of Congress.
*
S ec. — . That to enable the President to secure information as to
I presented yesterday. It is printed, and is a reproduction o f
the effect of tariff rates, restrictions, exactions, or any regulations
section 38 of the tariff law o f 1909. I do not believe it will
imposed at any time by any foreign country upon the importation into
be objected to.
or sale in any such foreign country of any products of the United
The PRESIDENT pro tempore. The Secretary will read the States, and as to any export bounty paid or export duty imposed or
prohibition made by any country upon the exportation of any article
amendment.
to the United States which discriminates against the United States or
The Secretary. On page 4, line 13, insert the follow in g:
the products thereof, and to assist the President in the application 0f
And provided further, That nothing in this act contained shall apply; the maximum and minimum tariffs and other administrative provisions
to labor, agricultural, or horticultural organizations, or to fraternal of the customs laws, the board shall, from time to time, make report,
beneficiary societies, orders, or associations operating under the lodgfe;; as the President shall direct.
Sec . — . That for the purposes of this act said board shall have
system and providing for the payment of life, sick, accident, and otherS
benefits to the members of such societies, orders, and associations a n d ! power to subpoena witnesses, to take testimony, administer oaths, and
dependents of such members, nor to domestic building and loan asso- * to require any person, firm, copartnership, corporation, or association
ciations organized and operated exclusively for the mutual benefit of engaged in the production, importation, or distribution of any article
their members, nor to any corporation or association organized and under, investigation to produce books and papers relating to any mat
ter pertaining to such investigation.
In case of failure to comply
operated exclusively for religious, charitable, or educational purposes
no part of the net income of which inures to the benefit of any private jwith the requirements of this section, the board may report to Con
gress such failure, specifying the names of such persons; the indi
stockholder or individual.
vidual names of such firm or copartnership, and the names of the
Mr. SIMMONS. Mr. President, I think this amendment is officers and directors of each such corporation or association so failing
substantially the same as that in the present excise law ap which report shall also specify the article or articles produced, im
or distributed
plying to corporations. It extends that provision to these asso ported, association, and by such person, firm, copartnership, corpora
tion. or
the tariff schedule which applies to said article
ciations when not organized into corporations.
'-.Sec. — . That in any investigation authorized by this act the board
niay obtain such evidence or information as it may deem advisable, but
On the part o f the minority members o f the committee I am
s:t
%1 board shall not be required to divulge the names of persons fur
authorized to say we have no objection to the amendment.
nishing such evidence or information ; and no evidence or information
The amendment was agreed to.
so 'Secured under the provisions of this section from any person, firm
Mr. CLAPP. Mr. President, when the Payne-Aldrich bill was copartnership, corporation, or association shall be made public by said
manner as to be available for the use of any business
passed the so-called corporate tax came in with an exemption board in such rival.
competitor or
o f holding companies from the payment of tl;e tax for the
S ec : ; — . That said board shall submit the results of its investiga
tions, as hereinbefore provided, including all testimony, together with
privilege of doing business as a corporation.
report of the facts so
or
On the floor o f the Senate we struck out the exemption. It any explanatory of Congress, from timeascertained, to the President by
to either- House
to time, when called upon
was put back in conference without any authority, in excess of the President or either House of Congress.
S e c . — . That upon the taking effect of this act the body now known
the authority o f the conferees. I gave notice the other day
as the
that I would offer an amendment to the House bill now under all suchTariff Board shall transfer to the Tariff Board hereby created
property and equipment, books, and papers as are now possessed
consideration, repealing the exemption in the tariff law on the or used by said first-mentioned board in connection with the subjects
holding company, but I find upon examining the House bill that for which the Tariff Board is hereby created, and -thereupon the said
first-mentioned board shall cease to exist.
r
that not only repeals it, but, I think, very much improves it,
as it passes the tax, which under the law sought to be repealed
would be paid by the holding company, over to be paid by
the stockholders in the trust or holding company, and can not
as easily be passed back upon the consumer.
Therefore I will not offer my amendment, and I commend the
House bill in that particular respect.
Mr. CUMMINS. I offer an amendment to the House bill. It
is the measure offered yesterday in connection with the wool
bill, creating a tariff commission. I do not believe it is neces
sary to have it read to the Senate. It was read twice yesterday,
I think. Every Senator is familiar with it. I hope the Senator
in charge o f the bill will accept it, so that we may avoid any
more discussion about it.
The amendment o f Mr. Cummins was to insert at the end o f
the bill the following additional sections:
■ That a board is hereby created, to be known as the Tariff Board,
which shall be composed of five members, who shall be appointed by
the President, by and with the advice and consent of the Senate. The
Mr. SIMMONS. Mr. President, I regret that I am not able
to accept that amendment. I have no authority to accept the
amendment.
Mr. CUMMINS. I do not intend to submit the matter at any
length at all. The subject has been debated here very often. I
believe there is a great necessity for the tribunal that is cre
ated by this measure, and therefore upon my amendment I ask
for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BAILEY (when his name was called). I announce my
pair with the Senator from Montana [Mr. D ixon ] and with
hold my vote.
Mr. BRADLEY (when his name was called). I again an
nounce my pair with the Senator from Maryland [Mr. R ayner ]
and withhold my vote.
I would vote “ yea ” if I could.
Mr. WATSON (when Mr. C hilton ’ s name was called). I
desire to announce the absence o f my colleague [Mr. C iiilton ]
CONGRESSIONAL1111XJOKI)— SENATE.
1912.
on account o f illness. H e is paired with the Senator from Illi
nois [Mr. Cullom ]. I f my colleague were present, he would
vote “ nay.”
Mr. CULLOM (when his name was called). I am paired
with the junior Senator from West Virginia [Mr. C h ilton ]
and therefore withhold my vote. I w ill allow this announce
ment to stand for the day.
Mr. M ARTIN E o f New Jersey (when Mr. D a v i s ’ s name was
called). I desire again to announce the pair o f the Senator
from Arkansas [Mr. D a v i s ] with the Senator from Kansas
[Mr. C u r t i s ] .
Mr. FO STER (when his name was called). I have a pair
with the junior Senator from W yoming [Mr. W a r r e n ] . He
notified me that he would be absent from the Senate this even
ing on public business. I therefore withhold my vote.
Mr. CR AW FO RD (when Mr. G a m b l e ’ s name was called),
desire to announce that my colleague [Mr. G a m b l e ] is neces
sarily absent. H e has a general pair with the Senator from
Oklahoma [Mr. G o r e ] . I w ill allow this announcement to stand
for further roll calls.
Mr. LODGE (when Mr. M c C u m b e r ’ s name was called). The
Senator from North Dakota [Mr. M c C u m b e r ] is necessarily ab
sent to-day from the Senate Chamber. He is paired with the
Senator from Mississippi [Mr. P e r c y ] .
M r . CH A M B ERLA IN (when Mr. O w e n ’ s name was called)
Tile senior Senator from Oklahoma [Mr. O w e n ] is paired with
the senior Senator from Nebraska [Mr. B r o w n ] . I f the senior
Senator from Oklahoma were here, he would vote “ nay.” I de
sire to make this announcement for the day.
Mr. DU PONT (when Mr. R i c h a r d s o n ’ s name w as called).
My colleague [Mr. R i c h a r d s o n ] is absent from the city. He
is paired with the junior Senator from South Carolina [Mr.
S m it h ].
W ere my colleague present and free to vote, he would
vote “ yea.”
Mr. SANDERS (when his name was called). I am paired
with the junior Senator from Indiana [Mr. K ern ] and therefore
withhold my vote. I would vote “ yea ” if I were at liberty to
vote.
Mr. SM ITH o f South Carolina (when his name w as called ).
I have a general pair with the Senator from Delaware [Mr.
R ic h a r d s o n ].
I transfer that pair to the Senator from Maine
[Mr. G a r d n e r ] , and vote. I vote “ nay.” I w ill allow this an
nouncement to stand for the balance o f the day.
Mr. W ETM O RE (when his name was called ). I have a gen
eral pair with the Senator from Arkansas [Mr. C l a r i c e ] , and
therefore withhold my vote. I f I were at liberty to vote, I
would vote “ yea.”
I desire to state that my colleague [Mr. L ippitt ] is unavoid
ably detained from the S^ttftte, »n4-HuR^he is paired with the
junior Senator from Tennessee [Mr. L e a ].
The-"roll call having been concluded, the rbmijt was an;io,wrfced— yeas 3S, nays 29, as follow s:
9703
shall be one-twelfth of 1 cent per pound, dry weight, if unbleached, and
one-eighth of 1 cent per pound if bleached ; and the duty on printing
paper, as described in paragraph 409 of the act approved August 5,
1909, shall he one-tentli of 1 cent per pound if valued at not above
3 cents per pound, two-tenths of 1 cent per pound if valued above 3
cents and not above 5 cents per pound, and 7J per cent ad valorem if
valued above 5 cents per pound.
Mr. GRONNA. Mr. President, I am not going into a discus
sion o f this question, but I wish to say that ft-dk'one in which
the people o f th e entire W esUtltb'm uch interested and I trust
the Senator in charge o f the bill will accept the amendment. I
ask the Senator from North Carolina if he w ill be kind enough
to accept the amendment.
Mr. SIMMONS. The Senator from North Carolina has no
authority from the m inority members o f the committee to accept
the amendment.
Mr. GRONNA. I then ask for the yeas and nays on the
amendment.
Mr. BACON. Mr. President, I offer an amendment to the
amendment. It is to strike out the proviso and insert in lieu
thereof the words I send to the desk.
The PRE SID EN T pro tempore.
The amendment to the
amendment w ill be stated.
The S e c r e t a r y . Strike out the proviso and insert in lieu
thereof the follow in g:
Except so fur as the same concerns the provisions of said act relating
to wood, wood pulp, and printing paper.
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment to the amendment. [Tutting the question.]
The “ noes ” appear to have it.
Mr. BACON. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. BACON. Mr. President, I simply want to say that o f
course the amendment is very hastily drawn, but I think it is in
language which covers the point. I have not the act before me,
and I do not know that I correctly designate the several sub
jects, but it is according to my recollection o f the provisions
in that act so far as they relate to the importation o f wood,
wood pulp, and print paper. I am not sure whether there is
any other subject which should be designated in order to cover
the design o f the exception.
Mr. CUMMINS. Mr. President-----The PRE SID EN T pro tempore.
Does the Senator from
Georgia yield to the Senator from Iow a?
Mr. BACON. I do.
Mr. CUMMINS. I want to know ju st what the Senator from
Georgia intends by this amendment? Does he intend to estab
lish free print paper?
Mr. BACON. I intend that the act known as the reciprocity
act shall remain unchanged so far as its present terms relate
to those subjects. In other words, if wre repeal the act generally,
I propose that that much o f it shall be retained.
Mr. CUMMINS. As I remember it, the act provides that
from certain parts o f Canada and under certain conditions paper
/
Y E A S— 38.
may come in free, but from all other parts o f Canada and in
Pomerene
La Follette
t Borah
Crawford
Root
Lodge
Bonnie
Cummins
the" greater part o f Canada the paper does not come in free,
Smith, Mich.
McLean
Dillingham
Brandegee
but comes in under a duly o f $3.75 a hundred, or $G a hundred.
Smoot
Massey
Briggs
Du Pont
Mr. BACON. I have not the act before me, but I w ill state
Stephenson
Nelson
Bristow
Fall
Sutherland
Oliver
Gallinger
Burton
as plainly as I can that the purpose is to retain so much o f the
Townsend
Page
Catron
Gronna
act as relates to those subjects. I f hereafter-----Works
Clapp
Penrose
Guggenheim
Mr. CUMMINS. I f the Senator desires a low duty on paper,
Perkins
Clark, Wyo.
Jones
Poindexter
<~rane
does he not believe that the amendment proposed by the Sena
Kenyon
tor from North Dakota, which makes a low duty upon all paper
N AY S— 29.
coming either from Canada or anywhere else, without regard to
Swanson
Paynter
Hitchcock
Ashurst
Thornton
Reed
conditions, w ill be better for those who use paper than though
Johnson, Me.
Bankhead
Tillman
Shively
Johnston. Ala.
i>acon
the free entry o f paper from a small part o f Canada w ire to con
W atson
Simmons
Bryan
Martin, Va.
tinue and the h igh .duty remain as to all other parts o f the
Williams
Smith, Ariz.
Martine, N. J.
Chamberlain
Smith, Ga.
w orld?
Myers
Culberson
Smith, S. C.
I' letcher
O'Gorman
Mr. BACON. My idea is this: So fa r as the repeal o f the
Stone
Heyburn
Overman
reciprocity agreement with Canada is concerned, I care nothing
NOT VO TIN G — 27.
fo r it ; I am perfectly willing to vote to repeal that part o f the
Rayner
Bailey
Kern
act. But the other part is a part which really belongs to a
Curtis
. Richardson
Bradley
Lea
Davis
revenue bill. In fact, it does not belong here. It does not affect
Sanders
Lippitt
Brown
Dixon
the question o f the repeal o f the reciprocity features o f the act,
Smith, Md.
McCumber
Foster
Burnham
Warren
Newlands
Chilton
so far as they are limited to the questions o f reciprocity.
Gamble
Wetmore
Owen
Clarke, Ark.
Gardner
Therefore I am ready to join the Senators who desire to repeal’
Percy
Cullom
Gore
} ,so much o f the act as proposes to establish reciprocal relations
So Mr. C u m m i n s ' s amendment was ngrced-fQ. in matters o f imports and exports between the tw o countries.
Mr. G R Q ^N A , I- M Ier TfiU 'foncw ing amendment, which I I am ready to join with them on that; but this is a separate
a sk to have read.
and independent matter, and we can very well leave all the
The PR E SID E N T pro tempore. The amendment w ill be read. questions as to duties on wood pulp and w ood and print paper
The S e c r e t a r y . At the end o f the bill, after the amendment to be dealt with in connection with the tariff bills.
3nst agreed to, in sert:
W hy should we force the question now as to what customs
S ec . 10. That the act entitled “ An act to promote reciprocal trade duties shall or shall not be imposed on any particular articles,
relations with the Dominion of Canada, and for other purposes, ap when the purpose o f this proposed-legislation is simply to get
proved July 26, 1911, be, and is hereby, repealed : Provided, That from
rid o f the matter o f reciprocity? I am ready to join with Senand after the passage of this act the duty on chemical wood pulp
X L Y III -
-G10
9704
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
ators and vote for a repeal o f the reciprocity act as to every
thing which properly and exclusively belongs to reciprocity.
But here is a matter which does not belong exclusively to
that. It is a matter in which very large industries in this
country are very closely concerned. Even if it is not now
in the shape the Senator from Iowa and others might desire it
should ultimately be, let us confine ourselves to the question
o f the repeal o f the reciprocity law, so far as it proposes to
establish reciprocity in the matter of customs duties, and save
all these other things for future consideration.
I am not prepared to discuss the question which the Senator
now suggests to me as to whether there should be a change in
that particular part o f the law which relates to wood, wood
pulp, and free paper, but it does not properly belong to what is
the actuating motive o f Senators. Senators are opposed to the
provision under which reciprocity is made possible whenever
Canada shall agree to it, if she should ever do so. I want to
exclude the possibility that by Canada’s action we may be
hurried into that.
I will say that I speak only for myself, because I have never
had an opportunity to confer with Senators on my side o f the
Chamber. I did not know that this matter was to be now
brought u p ; but it does strike me, Mr. President, if the purpose
of Senators who propose this amendment and who desire to sup
port it is that reciprocity shall be repealed, they can do it by
adopting my amendment; and then hereafter let us m eet.the
question as to what duty shall be imposed upon wood and wood
pulp and print paper and not destroy the whole o f it when it is
not within the contemplation and purpose o f Senators to do
that, when their main purpose is simply to get rid o f reciprocity.
For myself, I am ready to join them on that, but I do not think
we ought now to go further than that.
Mr. W ILLIAM S. Mr. President, I am in favor o f keeping
this free-print-paper provision as passed in the Canadian
reciprocity act upon the statute books as an everlasting demon
stration o f the falsity o f Republican pretenses. While the mat
ter was up for consideration in the Committee on Finance and
in the Senate we were told every day that if that provision
were passed all the paper manufacturers in the.United States
would have to go out of business. The provision was passed.
It has been in existence now for a long time—just exactly how
long I do not remember; I believe a year or more— and so far
as I know no paper-manufacturing concern has gone out of
business or has been in anywise disturbed except, perhaps, as
to some undue profits; it has not been in anywise unduly dis
turbed, to use the proper language.
Whenever it is proposed to reduce a tariff tax some socalled witness comes up before the Finance Committee and
bears so-called testimony to the effect that if taxes upon the
people at large are reduced some particular business or in
dustry will have to cease to exist. That is exactly what took
place in this particular case, and here is the everlasting demon
stration o f the falsity o f the pretense. I want it to stay upon
the statute book as a demonstration for all time o f the falsity
o f at least one of these hothouse-industry pretenses.
Moreover, Mr. President, the tax upon print paper is a tax
upon knowledge, upon the spread and dissemination o f infor
mation. It is a tax upon the newspaper business. I know
that whenever a man seeks to be relieved o f a tax he stands,
in the minds o f those on the other side o f the Chamber at any
rate, suspected o f lack of patriotism; suspect,ed o f selfishness
or something else; but whenever he seeks to have a tax in
creased in order that his business may be hothoused into a
degree o f prosperity which without law it could not enjoy, he
is a patriot, taking care o f American industries. When he
comes forward seeking to have a tax removed in order that
his business may be improved, he is suspected o f all sorts of
incivicism. I hope that the law removing this tax will be kept
upon the statute books for all time, in order to prove how
absolutely false were the pretenses o f those who opposed the
Canadian reciprocity bill in the only respect in which the
Canadian reciprocity bill has taken effect.
Mr. SMITH o f Georgia. Mr. President, I am not familiar
with the details or the provisions contained in the reciprocity
act as a consequence of which the price o f paper has been some
what lowered. I understand, however, that there is a provision
lessening the tax upon wood pulp or some element used in
paper manufacture which has caused the reduction in the price
o f paper. So I have been advised by men who purchase large
quantities o f paper.
I am opposed, as is the senior Senator from Georgia [Mr.
B aco n ], to the repeal o f any portion of the reciprocity act that
in specific terms lowered the tariff tax and has gone into effect.
I am perfectly willing to join the Senator from North Dakota
[Mr. G r o n n a ] to repeal the remainder of the reciprocity act,
and I w ill vote to do so.
July 26
It seems to me that the provision affecting wood j/m p unfl
nuln -------- *»
rn u r
« =
paper u n n lrl n r n n o v lT r Un eliminated from the ---------could properly be
amendment o f th
Senator from North Dakota. It also seems to me that this is n
mighty good place to put on the other portion o f his amendment
with a view of getting it through and having it approved, f
do not believe that Senators on this side o f the Chamber, 0 ,
Democrats generally, can agree to a repeal o f the reciprocity
act carrying with it certain reductions in wood pulp and prim
paper. I understand that is the objection to repealing tim
reciprocity act; but modified in the manner indicated, I think
the Senator can get all he is really desirous of accomplishing
Mr. GRONNA. Mr. President-----The PRESIDEN T pro tempore. Does the Senator from Geor
gia yield to the Senator from North Dakota?
Mr. SM ITH o f Georgia. Yes.
Mr. GRONNA. I will say to the Senator from Georgia that
in' the amendment I have offered there is a great reduction in
the rates on wood pulp— a reduction from $3.75 to $2 a ton—
and a reduction on print paper in proportion. So far as I aiQ
personally concerned I would have no objection to accepting
the proposition made by the Senator from Georgia, but the
question is whether or not it would be treating this industry
right.
Mr. SM ITH o f Georgia. The reduction has gone into effect
but the industry is prospering; contracts have been made in
consequence o f i t ; there is no financial loss anywhere, and I
know there is serious objection in certain quarters to a modifi
cation o f that part o f the reciprocity act.
Mr. GRONNA. I will say to the Senator from Georgia that
the law has not been on the statute books long enough to have
any effect. I know that under the favored-nation clause in cer
tain treaties foreign countries are demanding the same right
that Canada has under the reciprocity law. I f their demands
are granted, it will be shown whether the law will have a bad
effect or not.
Mr. SM ITH o f Georgia. I do not believe it is going to be
possible, or, at least, I am afraid it is not possible to get
through the amendment o f the Senator in the form it now is. j
do think he can get through all o f that portion in which he is
especially interested. I think he can get through a provision
which will repeal the features o f the reciprocity act which con
cern the farmers o f his State.
Mr. GRONNA. I can say to the Senator that, personally, j
should have no objection to that, but I only have one vote, and
I take it that other Senators would object.
Mr. BACON. The Senator has a right to modify his amend
ment if he wishes to do so.
Mr. SMITH o f Georgia. I f the Senator will modify his
amendment along the lines suggested by the senior Senator from
Georgia in the manner referred to by me, I will vote for it.
The PRESIDENT pro tempore. The Senator from Georgia
demands the yeas and nays on the amendment to the amend
ment.
Mr. THORNTON. Mr. President, I wish to define my posi
tion on this matter. The Canadian reciprocity bill as passed
provides that paper and wood pulp shall be admitted into the
United States from Canada free o f duty, while Canada still
retains her tax against identically the same products going
from the United States into Canada. For that reason I voted
for the Root amendment, which would have removed that fea
ture o f the bill, stating when I did so that, in my opinion, the
reciprocity agreement gave so many more advantages to Canada
than it did to the United States I did not wish it to give any
more than could possibly be helped. The Root amendment pro
vided that the section o f the bill relating to print paper and
wood pulp should be operative only when Canada removed her
restrictions against importations o f the same products into her
territory from the United States.
I am not willing to allow the free importation o f anything
from Canada into this country when Canada puts a tax on
identically that same product imported from this country into
Canada. For that reason, I am opposed to the amendment of
the Senator from Georgia.
The PRESIDENT pro tempore.' Is the demand for the yeas
and nays seconded?
Mr. SHIVELY. Mr. President, I should like to have the
amendment to the amendment offered by the Senator from
Georgia stated.
The PRESIDENT pro tempore.
The amendment to the
amendment w ill be stated.
The S e c r e t a r y . It is proposed to amend the amendment
offered by Mr. G r o n n a by striking out the proviso in that
amendment and inserting the w ord s:
Except so far as the same concerns the provisions of said act relat
ing to wood, wood pulp, and printing paper.
2.
C NR
O G ESSIO AL R C R —SEN
N
EOD
ATE
So that i f amended it w ill read:
Sec. 10. That the act entitled “ An act to promote reciprocal trade
relations w ith the Dominion of Canada, and for other purposes,” ap
proved July 20, 1011, he, and is hereby, repealed except so far as the
same concerns the provisions of said act relating to wood, wood pulp,
and printing paper.
Mr. SH IVELY. Mr. President, I suggest to the Senator from
Gfcoiffia that, flia word “ p u lp ” ought to go in before the word
“ woo'd.'’
Mr. SM ITH o f Georgia. I was going to suggest that instead
o f the language used by the senior Senator from Georgia. I
would say “ with the exception o f the provisions o f section 2 ,”
which is the section on that subject and the only section which
the amendment to the amendment affects.
Mr. BACON. Mr. President, I w ill read the second section
o f the act, if the Senate desires, to see whether that would be
more desirable than the language proposed by me. The second
section rea d s:
S ec . 2. Pulp of wood mechanically ground; pulp of wood, chemical,
bleached, or unbleached ; news print paper, and other paper, and paper
board, manufactured from mechanical wood pulp or from chemical
wood pulp, or of which such pulp is the component material of chief
value, colored in the pulp, or not colored—
And so on.
I think, Mr. President, it is necessary to have the language
which I have employed in the amendment, because o f the fact
that this section Is not complete in itself. It necessarily relates
to other parts o f the act.
The Senator from Mississippi [Mr. W i l l i a m s ] suggests that
the words should be “ pulp wood, w ood pulp, and,print paper.”
I w ill change it in that respect.
The P R E SID E N T pro tempore. The amendment as modified
will be stated.
The S e c r e t a r y . A s modified, the amendment to the amend
ment rea d s:
Except so far as the same concern the provisions of said act relat
ing to pulp wood, wood pulp, and print paper.
Mr. REED. Mr. President, so fa r as I am concerned, I want
the newspapers and periodicals o f this country to be able to
acquire their paper and tiie paper mills to acquire w ood pulp
as cheaply as possible. A trial o f this feature o f the law has
w rought no devastation such as was prophesied. But, further
than that, I believe that the people o f the United States are
entitled (o buy foodstuffs as cheaply as they can ; and if Can
ada shall hereafter accept the reciprocity proposition, and if
it shall in some measure reduce the cost o f living to the people
o f the United States, then, in my judgment, we ought to have
that advantage. I do not believe that any nation ever enriched
or blessed its population by making the food o f the people
higher than it ought to be.
I represent in part a great agricultural State, and I can say
for the people o f that State that they do not fear the competi
tion o f Canada. They do not fear the competition o f any coun
tr y ; and i f it be true that reciprocity with Canada would afford
a wider market in which our people could buy the necessities
o f life, I am w illing that they shall have that advantage, and
I am not willing to vote for the amendment offered by the Sen
ator from North Dakota.
Mr. W ILLIA M S.
Mr. President, I understand to some
extent, not fully, the feeling that actuates a man when he has
done a right thing and it is proposed to reverse it because some
other part}* interested in the transaction has refused to join
him in doing it. There is an imaginary line between the United
States and Canada; conditions o f labor are pretty much the
same in both countries; social conditions are pretty much the
same, especially after you leave the Province o f Quebec toward
the West. So fa r as I am concerned— and I wish to put the
opinion upon record— I am perfectly willing to hold out the
glad hand to Canada throughout all our national history. I am
perfectly w illing to allow an invitation to stay upon the statute
books, to be accepted by her whenever she pleases, for free trade
between the two countries, and, as next to that, a provision
allow ing opportunity for the kind o f reciprocity to which we
have agreed. I am m yself a farmer.
Mi*. GRONNA. Mr. President-----The P R E SID E N T pro tempore. Does the Senator from Mis
sissippi yield to the Senator from North Dakota?
Mr. W ILLIA M S. One word and I will yield to the Senator.
I am m yself a farmer. All o f my income outside o f my salary
depends upon the production o f textile stuff and foodstuffs.
I am handicapped by the necessity o f producing them with
remarkably inefficient labor, a very cheap labor in the sense o f
being a low-cost labor per week, per month, and per year, but a
very high-priced labor in the sense o f being in ferior; but,
notwithstanding that handicap, I have never been able to see
how any Canadian could hurt me in the production o f any
foodstuffs that I raise.
9705
Moreover, I want to add this, Mr. President, whether any
Canadian could or could not injuriously affect me, humanity
speaks always in favor o f cheap foodstuffs to the poor in every
country. No man has a right by law to make the price o f meat
and bread higher than nature has made it for the poor who
inhabit the great cities and work in the great factories. There
are no great cities in my State; there are no great factories
there; there is no labor vote there; so that I can not be sus
pected o f knuckling to any demand from that class o f people;
but it is a demand o f humanity, it is the demand o f ordinary
fellow -feeling between one man and another that men, women,
and children shall have bread and meat ju st as cheaply as they
can get it by the join t production o f the entire world engaged
in producing bread and meat. Now I yield to the Senator from
North Dakota.
Mr. GRONNA. Mr. President, I understood the Senator from
Mississippi to say that he was perfectly willing to have free
trade between Canada and the United States. Am I right?
Mr. W ILLIA M S. Perfectly.
Mr. GRONNA. Then, does not the Senator from Mississippi
think that we ought to repeal the reciprocity law in order to get
free trade?
Mr. W ILLIA M S. I f I thought-----Mr. GRONNA. The Senator from Mississippi knows, if he
w ill allow me, that the present reciprocity law proposed to tax
the American farm er on the manufactured article and to grant
free trade only in agricultural products.
Mr. W ILLIAM S. Mr. President, if I thought that by repeal
ing the reciprocity law I could procure free trade across the
great imaginary boundary between the United States and
Canada, between two great English-speaking peoples, two great
pioneer civilizations in the New W orld, 1 would be perfectly
willing to repeal it.
The Senator adds that the reciprocity act proposed to tax the
American farmer. When that act was passed nobody proposed
to tax the American farmer. I f the provisions o f that act
would have any effect at all it would be to untax the American
consumer o f meat and bread and other products affected by the
Canadian reciprocity bill..
Mr. President, if anyone contends that because by operation
o f a tax law any man engaged in any species o f production
having received a legally conferred special privilege, is taxed
by withdrawing in whole or in part that legally conferred
special privilege, then the suggestion made by the Senator from
North Dakota is well taken; but if that be not true, it is not
well taken at all.
One more word in that connection. The Senator from Louis
iana [Mr. T h o r n t o n ] a moment ago said— and in effect the
Senator from North Dakota has follow ed it up— that since the
Canadians would not agree to remove some duties existing
there, we ought not to remove the duties existing here. In
other words, if the Canadians are unwilling to relieve them
selves as consumers o f a tax burden, we therefore ought not to
relieve ourselves as consumers o f a tax burden.
I do not see any sense in that. I never have seen any sense
in it. So far as I am concerned, I would have voted, without
any reciprocity feature at all, for the reduction o f every duty
contained in the reciprocity bill if Canada had not been con
cerned in it. I would have done it, because it was a relief to
the American people, and I do not conceive that this great Gov
ernment was organized for the purpose o f enabling a few people
along the border to make undue profit in the industries in which
they are engaged by aid o f operation o f law.
Gentlemen talk as if we were depriving them o f some natural
privilege. W e are not. They talk as if we were depriving
them o f some vested right. W e are not. W e are merely put
ting them upon a footing o f equality with their neighbors across
the border. Equality, did I say? Y es; so far as law is con
cerned. Equality in any other w ay? No. You have the ad
vantage o f clim ate; you have an equally good soil; you have
equally efficient and equally intelligent la bor; you have equally
efficient and intelligent operators o f capital. So far as nature
is concerned you have the advantage which God has given you
in sunlight, in heat, and in climate— in every way.
Mr. GRONNA. Does the Senator from Mississippi believe
it is fair to the American farm er to compel him to buy his
machinery in a protected market and to sell his products in a
free-trade market?
Mr. W ILLIA M S. N o; I do not.
Mr. GRONNA. Is not that true in this particular case?
Mr. W ILLIA M S. To a certain extent the Senator from
North Dakota is now right, but the remedy for the evil is not
by keeping upon the statute books a tax law which enables the
farm er to enjoy an unnatural, artificial, law-conferred privi
lege, but the remedy consists in reducing to the revenue point
the duty upon the articles which he must bu y ; and for that this
9706
CONGRESSIONAL RECORD—SENATE.
July 26,
side o f the Chamber stands. .A fter the 4th o f March next we reciprocity between us commercially or otherwise is^im ^?*^.
w ill give the Senator from North Dakota the relief which he is sible.
pos' i
seeking. W e will not give it to him in the way in which he
The PRESIDEN T pro tempore. The question is on agreeii
is seeking it, but we will give it to him by reducing the duties to the amendment o f the Senator from Georgia [Mr. B acon i t
upon the things which the farmer must buy.
the amendment o f the Senator from North Dakota [Mr. G ronna 1
It is absolutely unfair, it is absolutely inequitable, it is* ab on which the Senator from Georgia demands the yeas and n'j .
solutely unequal, to make the farmer sell in a free market and
The yeas and nays were ordered, and the Secretary
buy in a protected market. But the remedy is not the remedy ceeded to call the roll.
1 10'
suggested by the Senator from North Dakota. The remedy is
Mr. BURNHAM (when his name was called). I have a
to keep upon the statute books what we have now in the inter eral pair with the junior Senator from Maryland [Mr. S mittti' est o f freer trade, and to follow it up with more statutes still In his absence I withhold my vote.
U
more in the interest o f freer trade upon certain articles, to wit,
Mr. CLARK o f Wyoming. I have a general pair with tl
the articles which the farmer must buy.
senior Senator from Missouri [Mr. Stone] and therefore win
Mr. GRONNA. May I further interrupt the Senator from hold my vote.
Mississippi?
Mr. FOSTER (when his name was called). I again announ
‘C
e
Mr. W ILLIAM S. My friend the Senator from North Dakota my pair and withhold my vote.
may always interrupt me.
Mr. SHIVELY (when Mr. K e e n ’ s name was called), i ^
Mr. GRONNA. I do not think that the Senator and I differ sire .to announce that my colleague is unavoidably absent from
upon the real fundamental principle. I am a protectionist and the city. He is paired with the junior Senator from Tennessee
he is a free trader, and I will say this to the Senator from [Mr. S a n d e r s ] .
Mississippi-----Mr. SM ITH o f South Carolina (when his name was called)
Mr. W ILLIAMS. I would be a free trader if I had any other I again announce my pair with the Senator from Delaware
way o f getting national revenue, but I have not.
[Mr. R i c h a r d s o n ] and transfer it to the Senator from Maine
Mr. GRONNA. I will say to the Senator from Mississippi [Mr. G a r d n e r ] and vote. I vote “ yea.”
that if I can not have the protection o f agricultural products
The roll call was concluded.
as well as o f the manufactured articles, then I want to be a
Mr. BRADLEY. I again, announce my pair with the senior
free trader.
Senator from Maryland [Mr. R atner ] .
Mr. W ILLIAMS. Now I am in still greater agreement with
Mr. WATSON. I desire to announce' the p a ir o f my colleague
the Senator from North Dakota, and I hope that he can not [Mr. CiTiLTO]|f] with the Senator from Illinois [Mr. Cullom ],
have the protection upon agricultural products, because if he I f my colleague were present he would vote “ ye"*.”
does not have it then he will join the right school o f politics
Mr. LODGE. I desire to announce again the pair o f the Sena
later on and will become a free trader to the full extent under tor from North Dakota [Mr. M c C u m b e r ] , necessarily detained
the construction which the Supreme Court has placed upon the from the Senate, with the Senator from Mississippi [Mr. P e r c y ],
Constitution.
The result was announced—yeas 27, nays 37, as follow s : The Senator asked me if I was in favor o f free trade. There
Y EAS— 27.
are a whole lot o f people now who pretend to be afraid o f the
Ashurst
Hitchcock
Overman
Smith, Ga.
word “ free.” I am in favor o f a free press; I am in favor of Bacon
.Tobnston, Ala.
Pa.ynter
Smith, S. C.
free speech; I am in favor o f freedom o f religion; I am in Bankhead
Martin, Va.
Poindexter
Swanson
Martine, N. J.
Pomerene
Tillman
favor o f free ships, as some one says, to the utmost extent Bristow
Chamberlain
Myers
Shively
Watson
which can be had under existing conditions. Nobody but a fool Clapp
Newlands
Simmons
Works
now would be in favor of free trade, with the decision o f the Fletcher
O’Gorman
Smith, Ariz.
1
Supreme Court on the income tax and other decisions o f the
N AYS— 37.
Supreme Court staring them in the face. Nobody anywhere, Borah
Cummins
Kenyon
Smith, Mich.
Dillingham
Lodge
Smoot
not even in England, is in favor o f absolute free trade, because Bourne
Brandegee
du Pont
McLean
Stephenson
you must have taxes upon imports at least sufficient to coun Briggs
Fall
Massey
Sutherland
tervail internal taxes upon articles which are subject to internal Bryan
Gallinger.
Nelson
Thornton
Burton
Gronna
Page
Townsend
taxation.
/
Catron
Guggenheim
Penrose
Williams
I am in favor o f a tax for revenue, and I will not say in this Crane
Heyburn
Perkins
Johnson, Me.
connection that I am right now in favor o f a tax for revenue Crawford
Reed
Jones
Root
only even, because I realize that a man has very little practical Culberson
NOT VOTING— 30.
constructive statesmanship sense who would proceed to a tariff
Bailey
Curtis
La Follette
Richardson
for revenue only to-morrow morning, if he could, because due Bradley
Davis
Lea
Sanders
regard must be paid to existing conditions.
Brown
Dixon
Lippitt
Smith, Md.
Burnham
Foster
McCumber
I f a man wants to build a new house upon the site o f an
Stone
Chilton
Gamble
Oliver
Warren
old house, he w ill not set fire to the old house, with the inhabit Clark, Wyo.
ants in it, for the purpose o f getting a free place upon which Clarke, Ark.
S T "
u q .....................
Kern
Uayner
to build a new house. He will take his time, give notice suffi Cullom
cient for the inhabitants to move, at any rate, before he builds
So Mr. B a c o n ’ s amendment to Mr. G r o n n a ’ s amendment
rejected.
his new house.
But I have no sort o f fear, as many seem to have, to answer tlje ' "'" The PRESIDEN T pro tempore. The question.is-on agreeing I
question of the Senator from North Dakota. I am in fa v or of to the amendment proposed by the Senator from North Dakota I
as near free trade as I can go consistently with existing condi [Mr. G r o n n a ] . [Putting the question.] The ayes appear to /
—
tions, and consistently with the common-sense limitation o f not have it.
Mr. SIMMONS. I ask for the yeas and nays.
creating an absolute revolution— a bouleversement o f all exist
Mr. NELSON. I nsk fbr the'yeas and nays, too.
ing industries. My ultimate aim under existing Supreme Court
The yeas and nays were ordered, and the Secretary proceeded
decisions is tariff for revenue only overnight, and I would not
go even to that extent overnight— ueber nacht, as the Germans to call the roll.
Mr. BRADLEY (when his name was called). I again an
say, as my friend will understand. I am glad to know and to
have known for a long time my friend from North Dakota. We nounce my pair with the Senator from Maryland [Mr. R ayner ],
are not very far apart about a great many things. He calls I f that Senator were present I would vote “ yea.”
Mr. BURNHAM (when his name was called). I make the
himself a Progressive Republican and I call myself a Democrat,
but fundamentally, in principle, I find myself very much more same announcement as before o f my pair with the Senator from
nearly related politically to him than to a great many men on Maryland [Mr. S m i t h ] . I desire this announcement to stand
that side o f the Chamber, than I do to some men on this side for all subsequent vmtes.
Mr. WATSON (when Mr. C h i l t o n ’ s name was called), j
of the Chamber who, in my opinion, are unduly retroactive in
many ways. I hope, Mr. President, that the motion o f the Sen desire to announce the absence o f my colleague [Mr. C h i l t o n ]
ator from Georgia will be defeated. I think it is a good deal and to state that he is paired with the Senator from Illinois
better than the motion first presented, before it was modified, [Mr. C u l l o m ] . I f my colleague were present he would vote
but I want to hold out a hand to all nations o f the earth that “ nay.”
Mr. M ARTINE o f New Jersey (when Mr. D a v i s ’ s name was
mean peace and fellowship and amicable and friendly rela
tions and mutual interchange of products. I do not want either called). I was requested to announce that the Senator from
physical war or commercial war with any nation on the surface Arkansas [Mr. D a v i s ] is paired with the Senator from Kansas
o f this earth, unless it be some nation not belonging to the white [Mr. C u r t i s ] .
race, outside o f the sphere of the white man’s civilization, whose
Mr. FOSTER (when his name was called). I again an
conditions are so absolutely dissimilar to ours that any sort o f nounce my pair with the Senator from Wyoming [Mr. W arren],
1& 2
1.
C NR
O G ESSIO AL R
N
ECO — ATE.
RD SEN
Mr. SANDERS (when his name was called ). I again an
nounce my pair with the junior Senator from Indiana [Mr.
K
ern].
Mr. SM ITH o f South Carolina (when his name was called ).
I again announce my pair with the Senator from Delaware
[Mr. R i c h a r d s o n ] and the transfer o f my pair to the Senator
from Maine [Mr. G a r d n e r ] . I vote “ nay.”
The roll call was concluded.
Mr. DU PONT. My colleague [Mr. R i c h a r d s o n ] is absent
from the city. He is paired with the Senator from South Caro
lina [M r. S m i t h ] . I f mv colleague were present he would vote
“ 37
ea.”
Mr. LODGE. The Senator from North Dakota [Mr. Mcis paired with the Senator from Mississippi [Mr.
I f present, the Senator from North Dakota would vote
“ yea.”
%
The result was announced—yeas 37, nays 2G, as fo llo w s:
Cum ber]
P e r c y ],
YEAS— 37.
Cummins
Dillingham
du Pont
Fall
Gallinger
Gronna
Guggenheim
Heyburn
Johnson, Me.
Jones
Kenyon
Da Follette
Lodge
McLean
Massey
Nelson
Page
Penrose
Perkins
Root
Smith, Mich.
Smoot
%
Stephenson !
Sutherland
Thornton
Townsend
Works
I
Ashurst
Bacon
Bankhead
Bryan
Chamberlain
Culberson
Fletcher
N A Y S — 2G.
Overman
Hitchcock
Paynter
Johnston. Ala.
Poindexter
Martin, Va.
Pomerene
Martine, N. J.
Reed
Myers
Nowlands
Shively
Simmons
O’Gorman
Smith, S. C.
Swanson
Tillman
W atson
W illiam s
Bailey
Bradley
Brown
Burnham
Chilton
Clark, W yo.
Clarke, Ark.
Cullorn
Curtis
Davis
Dixon
Foster
Gamble
Gardner
Gore
Kern
NOT VO TIN G — 31.
Lea
Lippitt
McCumber
Oliver
Owen
Percy
Rayner
Richardson
Sanders
Smith, Ariz.
Smith, Ga.
Smith, Md.
Stone
Warren
Wetmore
So Mr. G ronna ’ s amendment was agreed to.
Mr. NEW LANDS. I offer an amendment to the pending bill.
The P R E SID E N T pro tempore. The Senator from Nevada
offers an amendment, which w ill be read.
The S e c r e t a r y . A dd a new section, as fo llo w s :
S ec . — . That the revenue derived from the special excise tax im
posed by this act shall constitute a special fund in the Treasury to be
applied to making up any deficit in existing revenue caused by a re
duction of customs duties, and any surplus derived from such excise
lax above the amount necessary to make up such deficit shall be re
served and applied to the regulation of the navigable rivers, inciudm g the prevention of and protection against floods, and the improve
ment of post and interstate roads in cooperation with the States.
Mr. NEW LANDS. Mr. President, in connection with the
excise tax, which I propose to support, arises the question as to
whether any additional taxation is necessary to meet the ex
penses o f the Government. The total revenue is about a billion
dollars, o f which about one-quarter is derived from postal re
ceipts and expended in the postal service. About one-third is
collected from internal-revenue taxes, about one-third from
customs duties, and the balance from the corporation tax and
ether miscellaneous receipts.
It is clear that to-day there is no deficit in revenue. There
is a surplus o f revenue. To what purpose then will this addi
tional tax, involving a burden o f .$60,000,000, be applied? The
answer is that we expect to reduce the customs duties to such
an extent as w ill necessitate the imposition o f this tax. The
^eduction in duties already effected by the action o f the House
aggregates about seventy million dollars. The increase o f duties
accomplished by the House bills amount to about $4,000,000.
The revenue to be derived from this tax w ill equal about
$60,000,000. So we w ill have nearly enough derived from this
tax and derived from an increase o f duties to take the place o f
t Ke diminished revenue caused by a reduction in duties. That
diminished revenue involves a loss o f over $50,000,000 on sugar
and $16,000,000 on other articles.
Mr. President, it is probable that this tax bill will pass, but
1 am not sure that the reduction in duties called for by the
House action w ill take place. The legislation in that direction
aiay fail in Congress and legislation in that direction may be
vetoed by the President. Yet it is a wise thing in advance to
Provide additional revenues so that we can accomplish a reduc
tion in the customs duties.
The purpose o f this amendment, therefore, is to prevent this
additional revenue, in case there should be no reduction in
customs duties, from being expended in current administra
9707
tion, In perhaps wasteful administration, and to impound this
money in the Treasury o f the United States in such a w ay as
that it shall be applied in the future to any deficit in revenue
caused by a reduction o f customs duties, and that any surplus
may be applied to the constructive work o f the Nation instead
o f to mere administration.
The constructive work which the Nation has in view involves
the regulation o f our rivers, the prevention o f floods and pro
tection against floods, and also the improvement o f post roads
and interstate roads in cooperation with the States. A t least
$75,000,000 w ill be required for those two purposes annually
if w e enter upon that work. So the $60,000,000 can be applied
to that work if it is applicable to the deficit in revenue.
I w ill ask the Senator who has charge o f the bill, the Senator
from North Carolina [Mr. S i m m o n s ] , whether he can accept
this amendment?
Mr. SIMMONS. Mr. President, as I stated before, except
where the minority members o f the Finance Committee have
considered an amendment, I do not feel that I have any au
thority to accept or to decline to accept an amendment. They
have not considered this amendment, and therefore I can not
comply with the request o f the Senator.
Mr. NEW LANDS. In view o f the Senator’s statement, I shall
not press this amendment now. but I would suggest to the Sena
tor from North Carolina that this amendment can be put upon
subsequent revenue bills. It can be put upon the bill that w ill
, be before us to-morrow and, perhaps, upon the cotton bill if
■it. comes from the H ou se; and I will ask the serious considera
tion by the Finance Committee o f this amendment as a means
6 f preventing a wasteful use o f this revenue in case it should
be secured and if, at the same time, our legislation for a reduc
tion o f customs duties should tem porarily fail.
-The PRE SID EN T pro tempore. The Senator from Nevada
withdraws his amendment.
((Mr. BORAH. I move to strike out sections 1 to 9, inclusive,
o f the bill and insert in lieu thereof the amendment which is at
tdie desk.
Mr. CUMMINS. W ill the Senator from Idaho withhold his
amendment just a moment while I offer , a verbal amendment
to the House bill, to make the meaning clear?
Mr. BO RAH. Very well.
Dir. CUMMINS. I offer the amendment I send to the desk.
The PRE SID EN T pro tempore. The amendment proposed
by the Senator from Iow a w ill be read.
The S e c r e t a r y . Insert, after the word “ paid,” in line 12,
page 4 , the words “ upon such amounts.”
Mr. CUMMINS. I call the attention o f the Senator from
Georgia to the amendment.
Mr. SM ITH o f Georgia. I think that makes the language
clearer, and, so far as I am concerned, I shall vote for the
amendment.
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Iowa.
The amendment was agreed to.
The PRE SID EN T pro tempore. The Senator from Idaho
wishes to modify his amendment?
Mr. BORAH. I move to strike out o f the original bill sections
1 to 9 and to insert what is at the desk.
The PRE SID EN T pro tempore. It is within the Senator's
right to m odify his amendment as he chooses.
Mr. BORAH. I offer the amendment in lieu o f sections 1 to
9 o f the original bill.
The PRE SID EN T pro tempore. The amendment w ill be
stated.
The S e c r e t a r y . Strike out all o f the House text down to
section 9 o f the bill, on page 12, line 24, and insert the follow ing-----Mr. SM ITH o f Georgia. The “ follow ing
is substantially
the substitute that the Senator before offered.
Mr. BORAH. It is precisely the substitute w hich I offered,
and i wish to do it in a different way for the reason that I
do not desire that it shall take the place o f some o f the amend
ments which have been agreed to.
Mr. SM ITH o f Georgia. So, really, the vote now is upon the
Senator’s substitute to the original bill.
Mr. BORAH. It is.
Mr. W ILLIA M S. I should like to ask the Senator what the
nature o f the substitute is. Is it the Senator's income-tax
amendment?
Mr. BORAH. Exactly.
Mr. M ARTIN E o f New Jersey. Mr. President, I d esire that
my position may be known on the proposition that is now be
fore the Senate, the amendment o f the Senator from Idaho
[Mr. B o r a h ] . I want to state primarily that I am a D em ocrat
and proud o f it. I want to be with my p a rty; I love it, and I
9708
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
have made sacrifices for it equal to those o f any other Member
o f this body-; but, beyond,and above all, I want to be right.
I desire that the burdens o f government shall be shared by all.
I realize that under our present system such is not the case.
That is provoking more discontent throughout the length and
breadth o f this land than any other one thing; and I insist
that those who love their country should endeavor to secure
legislation that shall contemplate the sharing o f the burdens of
government equally by all. I believe an income tax is a step
in that direction.
I am aware that my fellow Senators on this side of the
Chamber will not vote for the amendment o f the Senator from
Idaho. I should love to be with them, but I can not follow
them. For 25 years I have declared for an income ta x; I have
written over my own signature articles urging an income tax
which have gone throughout the length and breadth o f my
little Commonwealth; I have spoken for it on a hundred plat
forms. Every national convention o f our party-for the past 25
years has peremptorily and positively declared for it. In my
campaign for Senator recently, in a platform o f principles
which I published and declared for, I pledged myself to it. I
believe in it; I believe it is right; I believe it is ju st; and at
this stage o f the proceedings I should be a coward if I should
vote against it because it happens to come from a Republican
source.
I know scores o f men in my own home town and many within
our Commonwealth who roll in wealth, and yet who contribute
scarce a pittance to the needs o f the Government. I insist that
it is my duty not only as a Democrat, but that it is my duty as
a patriotic citizen to sustain this method o f taxation, and I
shall vote for the amendment.
Mr. SIMMONS. Mr. President, I desire to make an inquiry
of the Senator from Idaho. I understand the Senator proposes
to strike out all o f the original House bill and to substitute his
amendment for it.
Mr. BORAH. I propose to strike out all o f the original
House bill and to insert in lieu o f it the amendment which was
read from the desk earlier to-day.
Mr. SIMMONS. Does the Senator also include section 9?
Does he propose to strike out the whole House bill?
Idle PRESIDENT pro tempore. Does the Senator from
Idaho include section 9 in his motion?
Mr. BORAH. I think I d o; because the provisions o f the
amendment that I have- submitted, in my judgment, cover that
feature of the bill.
The PRESIDENT pro tempore. The question, then, is upon
the amendment submitted by the Senator from Idaho to strike
out all after the enacting clause and to insert the amendment
which he has offered.
Mr. NELSON. Mr. President, is not that a mistake? The
bill has been amended, as I understand, and this is a substitute
only for that part o f the bill which came from the other House—
the excise-tax portion.
The PRESIDENT pro tempore. The Senator is Correct.
The question is on agreeing to the amendment.
Mr. MASSEY. I call for the yeas and nays on tlie’amendment, Mr. President.
Mr. NEWLANDS. Mr. President, like the Senator from
New Jersey [Mr. M a k t i n e ] , I favor an income tax, but I shall
vote against the amendment offered by the Senator from Idaho
[ M r . B o r a h ] , because, if successful, it will accomplish the de
feat o f a measure which will impose upon wealth a consider
able proportion o f the burdens o f government. The position
which I have taken is that stated in a resolution adopted in a
conference o f the Democratic Senators to-day, to the following
e ffect:
That, while favoring an income tax, they realize that, with the pend
ing amendment to Ihe Constitution authorizing an income tax now
requiring the favorable vote of only two States, it is preferable to sup
port the pending hill for an excise tax, which, with the existing corpo
ration excise tax, will raise approximately an equivalent amount of
revenue.
The PRESIDENT pro tempore. The question is on the
amendment o f the Senator from Idaho [Mr. B o r a h ] in the
nature of a substitute, on which the yeas and nays have been
demanded.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BAILEY (when his name was called). I again announce
m y pair with the Senator from Montana [Mr. D i x o n ] and with
hold my vote.
Mr. BRAD LEY (when his name was called). I again an
nounce my pair and withhold my vote.
Mr. WATSON (when Mr. C h i l t o n ’ s name was called). I
desire to announce that i f my colleague [Mr. C h i l t o n ] were
present he would vote “ nay.”
Mr. LODGE (when Mr. M c C u m b e r ’ s name was called), .j.
Senator from North Dakota [Mr. M c C u m b e r ] , as I have alr0q i 6
announced, is absent. He is paired with the Senator
Mississippi [Mr. P e r c y ] .
0lli
Mr.. PAYNTER (when his name was called). I have a
eral pair with the Senator from Colorado [Mr. G uggenhe^ ^ '
He is absent from the Chamber. I f he were present he worn
vote “ yea ” and I should vote “ nay.”
J
(i
Mr. REED (when his name was called). I have a pa[r f
to-day with the Senator from Michigan [Mr. S m i t h ] , but llrAf
this particular amendment I have his authority to v 0 te. °’jl
vote “ nay.”
* *
Mr. SANDERS (when his name was called). I again an
nounce my pair and withhold my vote.
Mr. TOWNSEND (when the name of Mr. S m i t h o f Miolii^
was called). The senior Senator from Michigan [Mr. Smit^ i
has been called from the Chamber. I am requested to say p j
if he were present he would vote “ nay ” on this amendment
He is paired with the junior Senator from Missouri [Mr. R EPni'
Mr. SMITH of South Carolina (when his name was called
I again announce my pair with the Senator from Delaware
[Mr. R i c h a r d s o n ] and the transfer o f that pair to the Senator
from Maine [Mr. G a r d n e r ] . I vote “ nay.”
The roll call wras concluded.
Mr. FOSTER. I again announce my pair and withhold
vote.
Mr. DILLINGHAM. I notice that the senior Senator f ro.
South Carolina [Mr. T i l l m a n ] has left the Chamber. I des;r *
to announce my pair with him and to say that if he were
present I would vote “ nay ” on this amendment. I make this
announcement for the evening and to hold good on the passa<m
o f the bill.
Mr. CHAMBERLAIN. I have a general pair with the juni0r
Senator from Pennsylvania [Mr. O l i v e r ] and, therefore,
hold my vote.
Mr. MYERS (after having voted in the negative). I ask if
the Senator from Connecticut [Mr. M c L e a n ] is recorded as
having voted?
The PRESIDEN T pro tempore. The Chair is informed ho is
not.
Mr. MYERS. During his temporary absence from the Cham
ber I have a pair with that Senator, and I ask leave, therefore,
to withdraw my vote.
The result was announced— yeas 23, nays 33, as follow s;
w ,
ith
Bacon
Bankhead
Brandegee
Briggs
Bryandu Pont
Fletcher
Gallinger
Ileyburn
Y E A S — 23.
Hitchcock
•Tones
Kenyon
La Follette
Mar tine, N. J.
Massey
N AYS— 33.
Johnson, Me.
I’omerene
Johnston, Ala.
Reed
Lodge
Root
Martin, Va.
Shively
Nelson
Simmons
Smith, Ariz.
Newlands
O ’Gorman
Smith, Ga.
Smith, S. C.
Overman
Smoot
Penrose
Bailey
Bradley
Brown
Burnham
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
Cullom
NOT VOTING— 38.
Lea
Curtis
Davis
Lippitt
Dillingham
McCumber
Dixon
McLean
Foster
Myers
Gamble
Oliver
Gardner
Owen
Paynter
Gore
Guggenheim
Percy
Rayner
Kern
Ashurst
Borah
Bourne
Bristow
Burton
Catron
Clapp
Crawford
Culberson
Cummins
Fall
Gronna
Page
Perkins
Poindexter
Townsend
Works
Stephenson
Sutherland
Swanson
Thornton
Watson
Williams
Richardson
Sanders
Smith, Md.
Smith, Mich.
Stone
Tillman
Warren
Wetmore
So Mr. B o r a h ’ s amendment was rejected.
Mr. HEYBURN. Mr. President, just a moment, before 'the
closing scene in regard to this bill. There are spine anomalous
eonditibns to which I desire briefly to call attention. I looked
in the dictionary to ascertain the accurate technical definition of
tile words “ excise tax,” and I find th is :
I An excise tax is an inland duty or impost operating as an indirect
t^x on the consumer.
I merely read that for the comfort o f those who have been
talking about the consumer. Now, they propose to reduce
duties, and thus reduce prosperity, and then tax on their income
the people whose prosperity they have reduced.
The Senator from Nevada [Mr. N e w l a n d s ] confessed that
the probabilities wrere that we tvould have no use for this
money, and he suggested by an amendment that we should use
it, in the event it transpires that we have no occasion for it in
paying the expense o f the Government, for the improvement of
waterways. W hy not loan it to the farmers, according to the
1912.
C N R
O G ESSIO AL R C R —SE A .
N
EOD
N TE
proposition o f about 15 years ago, or devote it to any other
useless purpose?
Mr. President, ju st a few thoughts that occur to me. It is
proposed by this legislation to tax our people directly and to
relieve foreigners o f the taxes, or that which they call taxes,
through the customs duties; in other words, to transfer the
taxation from the foreigner to our own people directly. W e
have the power, perhaps; but it is not necessary to exercise it.
I believe in an income tax levied by the State at any time that
in its judgment it is wise or necessary. I do not believe in an
income tax levied by the General Government in time o f peace.
I believe in having the power and reserving its exercise for
times o f stress and necessity only.
Mr. President, this measure proposes merely a slowing down
process o f prosiierity. It is proposed to put a direct tax upon
those whose incomes exceed $5,000, with the power remaining in
those people, who are admittedly the business people o f the
country, to charge it up through additional profits to be paid by
the down-trodden and oppressed people. It does not appeal to
me. I feel no patriotic impulses to support such a measure,
and there is no necessity for it. It emanates from two sources;
first, those who have an unreasoning dislike to other people’s
prosperity. I do not know that I ever knew a prosperous man
to hate another man because he was prosperous; if I have, it is
a rare exception; but there is a class o f people in this country
who are always trying to drag down the man who is in front
o f them. They would not stand on their own solid ground if
they c o u ld ; they want to stand on the wreck o f somebody else.
It is an instinct that I can not account for. They are only
com fortable when they are dragging somebody down and posting
themselves on top o f the wreck o f their fellow men. That is one
source from which it emanates. The other is the desire upon
the part o f those who have no other political issue, except that
o f free trade and enmity toward the protective-tariff policy, to
find or create an excuse for destroying the system o f taxation
upon the foreigner who enters our market in competition with
the American producer. It is used to make a political issue.
It is an old cry upon an old horn that has been out o f order so
often and tinkered up so often that to-day it is scarcely recog
nizable; but it is the same old horn upon which they are sound
ing this note.
They w ill call it any name to accommodate y o u ; they w ill call
it free tra d e ; they w ill call it tariff for revenue; and when they
Set among those who like to dally between the lines o f responsi
bility, they w ill then call it tariff reform. It has no baptismal
name, but it is the name that means destruction to the industries
° f the Am erican people.
Now, out o f the very necessity fo r creating a political cry or
issue they w ill destroy the income o f the Government from the
legitimate and natural resources in order that they may substi
tute an income derived from direct taxation upon our own peo
ple. . They would rather tax our people than tax the foreigner
who seeks to enter and take advantage o f our market. They
are the two classes o f people from whom this demand emanates,
and from nowhere else. The opposition to-day would not dare
to put in force the doctrine they preach here and elsewhere, but
they would like to ride into power upon it, upon higfa-sounding
Phrases, upon stern denunciation o f the successful party o f
this country, upon a condemnation o f the principles that have
been tried and tested and found to be sound, conservative, and
sufficient fo r the maintenance o f a Government such as ours.
I will support no measure that has no' other or better princi
ple than that.
The. bill was reported to the Senate as amended and the
amendments were concurred in.
!
The amendments were ordered to be engrossed and the bill
to be read a third time.
The bill was read the thu*d time.
The P R E SID E N T pro tempore. The question is, Shall the
bill pass?
Mr. SIMMONS, Mr. SM ITH o f Georgia, and others demanded
the yeas and nays, and they were ordered.
The Secretary proceeded to call the roll.
Mr. B R A D LE Y (when his name was called ). I again an
nounce my pair. I f I were allowed to vote, I would vote “ nay.”
Mr. CH A M B ERLA IN (when his name was called). I have
n general pair with the junior Senator from Pennsylvania [Mr.
O l iv e r ],
i f Re were present and I were permitted to vote, I
Would vote “ yea.”
„
,,
Mr. W ATSO N (when Mr. C h i l t o n ’ s name w a s called ). My
colleague if present would vote “ y e a .’ He is paired with the
Senator from Illinois [Mr. C u l l o m ] .
„
.
Mr. G ARDNER (when the name o f Mr. Johnson o f Maine
was called ). My colleague is unavoidably absent I f he were
Present, he would vote “ yea.”
9709
Mr. M YERS (when his name was called). I have a pair on
this vote with the Senator from Connecticut [ M r . M c L e a n ] . I f
he were present and I were at liberty to vote I would vote “ yea.”
Mr. PAY N TE R (when his name was called). Has the Sen
ator from Colorado voted?
The PRE SID EN T pro tempore. The Chair is inform ed that
the Senator from Colorado has not voted.
Mr. PAYNTER. I have a general pair with him, and for
that reason withhold my vote. I f he were present, he would
vote “ nay ” and I should vote “ yea.”
Mr. R E ED (when his name was called). Upon this vote I
am paired w ith the Senator from Michigan [Mr. S m i t h ] , I f
I were at liberty to vote, I would vote “ yea,” and if the Sena
tor from Michigan were here, he would vote “ nay.”
Mr. DU PONT (when Mr. R i c h a r d s o n ’ s name w as called ).
My colleague is absent from the city. He is paired w ith the
junior Senator from South Carolina [Mr. S m i t h ] . I f my col
league were present and free to vote, he would vote “ nay.”
Mr. SANDERS (when his name was called ). I am paired
w ith the Senator from Indiana [Mr. K e r n ] .
Mr. TOW NSEND (when the name o f Mr. S m i t h o f Michi
gan was called ). The senior Senator from Michigan is un
avoidably absent. He is paired with the ju n ior Senator from
Missouri [Mr. R e e d ].. A s stated by that Senator, my colleague
if present would vote “ nay ” on this proposition.
Mr. SM ITH o f South Carolina (when his name was ca lled ).
I again announce my pair with the Senator from Delaware
[Mr, R i c h a r d s o n ] . I transfer it to the Senator from Maine
[M r. G a r d n e r ] and w ill vote. I vote “ yea.”
The roll call was concluded.
Mr. BURNHAM. I again announce my pair with the junior
Senator from Maryland [Mr. S m i t h ] and therefore w ithhold
my vote. I f at liberty to vote, I should vote “ nay.”
Mr. M ARTIN E o f New Jersey. I again announce the pair
existing between the Senator from Arkansas [Mr. D a v i s ] and
the Senator from Kansas [Mr. C u r t i s ] .
Mr. BA ILEY. I again announce my pair w ith the Senator
from Montana [Mr. D i x o n ] and withhold my vote.
Mr. FOSTER. I again announce my pair. I f I were at
liberty to vote, I would vote “ yea.”
Mr. DILLING H AM . I transfer my pair with the senior Sen
ator from South Carolina [Mr. T i l l m a n ] to the Senator from
W isconsin [Mr. S t e p h e n s o n ] and w ill vote. I vote “ nay.”
Mr. LODGE. I again announce the pair o f the Senator from
North Dakota [Mr. M c C u m b e r ] with the Senator fr$m Missis
sippi [Mr. P e r c y ] .
X
The result was announced— yeas 37, nays IS, as follow s
Y E A S — 37.
Ashurst
Bacon
Bankhead
Bourne
Bristow
Bryan
Clapp
Crawford
Culberson
Cummins
Fletcher
Gronna
Hitchcock
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
Ha t oilette
Martin, Ya.
Martine, N. J.
Brandegee
Briggs
Burton
Catron
Crane
Dillingham
du Pont
Fall
Gal linger
Heyburn
Bailey
Borah
Bradley
Brown
Burnham
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Cullom
Curtis.
Davis
Dixon
Foster
Gamble
Gardner
Gore
Guggenheim
Kern
Lea
Nelson
Newlands
O ’Gorman
Overman
Poindexter
Pomerene
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Swanson
Thornton
Townsend
W atson
W illiam s
Works
N A Y S — 18.
Lodge
Massey
Page
Penrose
Perkins
NOT V O T IN G — 39,
Lippitt
McCumber
McLean
Myers
Oliver
Owen
Paynter
Percy
Itayner
Reed
Root
Smoot
Sutherland
Richardson
Sanders
Smith, Md.
Smith, Mieh.
Stephenson
Stone
Tillman
Warren
W et more
So the bill was passed.
M I L I T A R Y A C A D E M Y A P P R O P R IA T I O N
B IL L .
The PRE SID EN T pro tempore laid before
'Senate the
notion o f the House o f Representatives disagreeing to the
amendments o f the'Senate to the bill (II. II. 24450) making
appropriations fo r the support o f the M ilitary Academ y for the
fiscal year ending June 30, 1913, and for other purposes, and
requesting a conference with the Senate on the disagreeing
votes o f the two Houses thereon.
Mr. DU PONT. I move that the Senate insist, upon its
amendments and agree to the conference asked for by the
House, the conferees on the part o f the Senate to be appointed
by the Chair.
CONGRESSIONAL KECORD—HOUSE.
9710
Tlie motion was agreed to ; and the President pro tempore
appointed Mr. d u P ont , Mr. W arren , and Mr. J ohnston of
Alabama conferees on tlie part o f the Senate.
E I G H T H I N T E R N A T IO N A L T R IS O N C O N G R E S S
( H . DOC. N O . 8 9 0 ) .
The PRESIDEN T pro tempore laid before
follow ing message from the President o f the
which was read and, with the accompanying
to the Committee on Foreign Relations and
printed:
To
the Senate the
United States,
paper, referred
ordered to be
th e S e n a te and H o u s e o f R e p r e s e n t a t iv e s :
I transmit herewith for tlie information o f Congress a re
port of the proceedings o f the Eighth International Prison Con
gress, held at Washington in October, 1910, in pursuance o f the
invitation extended by the President in virtue o f the joint
resolution approved March 3, 1905.
The attention o f Congress is invited to the accompanying
report o f the Secretary o f State concerning the printing o f the
report o f the proceedings of the Prison Congress.
W m . H. T a f t .
T h e W h i t e H o u s e , J u ly 26, 1012.
[The report o f the proceedings accompanies the message to
the House o f Representatives.]
IM P O R T A T IO N
OF
ADULTERATED
SE E D S.
Mr. GRONNA, from the Committee on Agriculture and For
estry, to which was recommitted the bill (H. R. 22340) to regu
late foreign commerce by prohibiting, the admission into the
United States o f certain adulterated seeds and seeds unfit for
seeding purposes, reported it with amendments and submitted
a report (No. 9S5) thereon.
THE
SUGAR SCH EDULE.
Mr. NEWLANDS submitted an amendment intended to be
proposed by him to the bill (H. R. 21213) to amend an act en
titled “ An act to provide revenue, equalize duties, and encour
age the industries of the United States, and for other pur
poses,” approved August 5, 1909, which was ordered to lie on
the table and be printed.
Mr. LODGE. I move that the Senate adjourn.
The motion was agreed to ; and (at 7 o’clock and 52 minutes
p. m.) the Senate adjourned until to-morrow, Saturday, July 27,
1912, at 12 o’clock m.
H OUSE
O F R E P R E S E N T A T IV E S .
F
r id a y
,
July 26, 1912.
JULY
20
Mr. UNDERWOOD. Very well, Mr. Speaker, at the reo
o f the gentleman from New York I will withdraw my requ ^
STAND AR D
APPLE
BARRELS.
The SPEAKER laid before the House the bill (H. R. 2 l 4 sn
to establish a standard barrel and standard grade for annU
when packed in barrels, and for other purposes, with Sen t
amendments thereto.
ate
The Senate amendments were read.
Mr. SULZER. Mr. Speaker, I move to concur in tlie
amendments.
Seihate
The motion was agreed to.
L E A V E OF A B S E N C E .
By unanimous consent leave o f absence was granted—
To M r . M a d d e n , indefinitely, on account o f sickness i n
family.
T o Mr. R o d d e n b e r y , indefinitely, on account o f sickness.
To Mr. T u r n b u l l , indefinitely, on account of sickness.
M R S . L O U I S A J . RO SE — L E A V E TO W I T H D R A W
v
PAPERS.
Mr. L a f f e r t y obtained unanimous consent to withdraw f>
tlie files o f the Committee on Invalid Pensions, without ] 10111
ing copies, the papers relating to II. R. 3629, granting a nP, 3 v'
to Mrs. Louisa J. Rose.
S °h
1
C H A N G E OF R E F E R E N C E -----H O U S E D O C U M E N T
013.
By unanimous consent, the Committee on Appropriations \
discharged from the further consideration o f House Docum^ 8
No. 613, a letter from the Secretary o f the Treasury, transrrrt'
ting copies o f a communication from the Secretary o f War s i
mitting estimates o f appropriations required to meet c e r t ’
claims against the United States in connection with the Em!-11
neer Department, and the same was referred to the Comm iff81'
on Claims.
tee
m essage from
the
sen ate
.
A message from the Senate, by Mr. Crockett, one of its clerks
announced that the Senate had passed without amendment joint
resolution o f the following title:
r II. J. Res. 340. Joint resolution making appropriation to be
used in exterminating the army wrorm.
The message also announced that the Senate had passed with
amendment bill o f the following title, in which the concurrence
o f the House o f Representatives was requested :
II. R. 22195. An act to reduce the duties on wool and manu
factures o f wool.
The message also announced that the Senate had passed bill
o f the follow ing title, in which the concurrence o f the House
o f Representatives was requested :
S. 7337. An act to provide for the purchase o f a site and tlie
erection o f a building thereon at the city o f West Point, State
o f Virginia.
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
S E N A T E B IL L R EFER RED .
O Thou, who art the beginning and the end, the alpha and
om ega; our God and our Father, whose patience is without
Under clause 2 of Rule XX IV , Senate bill of the following
end, whose mercy is from everlasting to everlasting, who bear- title was taken from the Speaker’s table and referred to its
eth our burdens, comforteth our sorrows, chastiseth us when appropriate committee as indicated below :
we do wrong, maketli the heart rejoice with gladness when
S. 7337. An act to provide for the purchase of a site and the
we do righ t; Thy laws are inexorable. To keep them is heaven; erection o f a building thereon at the city o f West Point, State
to break them is hell. Continue, we beseech Thee, Thy minis o f V irginia; to the Committee on Public Buildings and Grounds.
trations unto us and bring us at last in harmony with Thee.
E N R O L L E D B I L L S S IG N E D .
For Thine is the kingdom and the power and the glory forever,
Mr. CRAVENS, from the Committee on Enrolled Bills, re
amen.
The Journal o f the proceedings o f yesterday was read and ported that they had examined and found truly enrolled bills
o f the following titles, when the Speaker signed the sam e:
approved.
II. R. 24699. An act extending the time for the repayment of
M I L I T A R Y A C A D E M Y A P P R O P R IA T IO N B I L L .
certain war-revenue taxes erroneously collected;
Mr. HAY. Mr. Speaker, I ask unanimous consent to take
II. It. 24598. An act for the relief o f Jesus Silva, j r . ;
from the Speaker’s table the Military Academy appropriation
H. R. 20873. An act for the relief o f J. M. II. Mellon, admin
bill, disagree to the Senate amendments, and ask for a con istrator, et al., all o f Allegheny County, P a .;
ference.
H. R. 18033. An act to modify and. amend the mining laws in
The SPEAKER. The gentleman from Virginia [Mr. H a y ] their application to the Territory o f Alaska, and for other
asks unanimous consent to take from the Speaker’s table the purposes;
bill (IT. R. 24450) making appropriations for the support o f
II. It. 13938. An act for the relief o f Theodore S alu s;
the Military Academy for the fiscal year ending June 30„ 1913,
II. It. 12375. An act authorizing Daniel W. Abbot to make
and for other purposes, disagree to the Senate amendments, homestead en try ;
and ask for a conference. Is there objection?
II. R. 1739. An act to amend section 4875 of the Revised Stat
There was no objection; and the Speaker appointed as con utes to provide a compensation for superintendents of national
ferees on the part o f the House Mr. H a y , Mr. S layd en , and Mr. cemeteries;
P rince .
II. R. 644. An act for the relief o f Mary E. Q uinn;
T A R I F F D U T IE S O N W O O L .
II. It. 22111. An act for the relief o f the Delaware Transpor
Mr. UNDERWOOD. Mr. Speaker, I ask unanimous consent tation Co., owner o f the American steamer D o r o t h y ;
to take from the Speaker’s table the bill (H . R. 22195) to re
II. R. 22043. An act to authorize additional aids to navigation
duce tlie duties on wool and manufactures o f wool, disagree to in the Lighthouse Service, and for other purposes;
the Senate amendments, and ask for a conference.
II. R. 20347. An act to authorize the Dixie Power Co. to con
Mr. PAYNE. Mr. Speaker, reserving the right to object, if struct a dam across White River, at or near Cotter, A r k .; and
the gentleman will withhold that request until to-morrow morn
II. J. Res. 340. Joint resolution making appropriation to be
ing, perhaps I will not object to it.
used in exterminating the army worm.
1912.
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
bridges over navigable waters o f March 23, 1906. It has the
approval o f tlie department and o f the people o f the city o f
Lewiston.
.
Mr. HEYBURN. A bridge with a draw is contemplated?
Mr. BORAH. Yes.
The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third
time, and passed.
9735
this fact in 1600. In 1747 a Prussian chemist, M arggraf by
name, had demonstrated that a true sugar could be extracted
from beets. A pupil o f M arggraf named Achard took up the
work and made practical demonstrations o f the practicability o f
extracting sugar from beets on a farm near Berlin. Although
Achard received royal aid the industry languished and his
labors bore little fruit until a letter which he addressed to Van
Mons, and which was published in the annals o f chemistry, led,
THE PANAM A CANAL.
in 1799-1S00, to the appointment o f a committee o f the Institute
Mr. BRANDEGEE. Before closing the morning business I o f France to examine and report upon Achard’s experiments.
Wish to give notice that on Monday, immediately at the con The committee reported that Achard overestimated the sugar
clusion o f House bill 16571, Calendar No. 446, the matter o f the extraction and underestimated the cost by one-half, but even a
fur-seal convention, which the Senator from Massachusetts [Mr. cost o f 16 cents per pound was only one-half the price at which
sugar was then selling, so two small factories were erected in
L o d g e ] has given notice he will call up, I shall ask the Senate
to proceed to the consideration o f the unfinished business, and the environs o f Paris. Both were financial failures, and public
I shall try to keep it before' the Senate until it is finally attention w as then concentx-ated on the hopeless plan of making
a true sugar from grapes. Public events, however, soon forced
acted on.
active and practical measures which chemical knowledge and ex
THE SUGAR SCHEDULE.
Thg.^PRESIDENT pro tempore. The morning business is periments, unassisted, had been unable to obtain. The control o f
the sea passed completely into the hands o f England after the
cJpsM , and the unanimous-consent agreement w ill be read.
Battle o f Trafalgar.
Then follow ed Napoleon’s continental
/
The Secretary read as follow s:
blockade, and the Emperor’s decrees and British Ordei’s in
■ _ It is agreed b.v unanimous consent that on Saturday, July 27, 1912,
immediately upon the conclusion of the routine morning business, the Council between them made neutral commerce hazardous to the
One result was
Senate will proceed to the consideration of the bill (II. R. 21213) to last degree and at times well-nigh impossible.
amend an act entitled “ An act to provide revenue, equalize duties,”
a sugar famine which soon prevailed in France and the small
etc. (known as the sugar b ill), and before adjournment on that calen
dar day will vote upon any amendment that may be pending, any amount o f sugar which reached the French market commanded
Trelawuey, in his autobiography, called the
amendments that may be oifered, and upon the bill— through the regu fantastic prices.
lar parliamentary stages— to its final disposition.
“ Adventures o f a Younger Son,” describes his getting into
T h e Senate, as in Committee o f the Whole, proceeded to con Cherbourg in a fast American schooner which managed to slip
sider the bill ,(H. It. 21213) to amend an act entitled “ An act to through the British cruisers and make a French port. H e says
provide revenue''equalize duties, and encourage the industries < that the vessel carried spices, silks, and other articles o f both
o f the United States, and for other purposes,” approved August luxui’y and necessity, then bringing enormous prices, but that
the greatest profit was on sugar, which alone made an immense
5, 1909.
The PRE SID EN T pro tempore. The bill will be read in full. return on the investment. Such a situation as this was obvi
The S ecretary . The Committee on Finance reported the bill ously intolerable, and on March 25, 1811, Napoleon issued his
with an amendment, to strike out all after the enacting clause first decree giving a bounty for the production o f beet sugar,
and in sert:
and follow ed it by another in January, 1S12, enlarging the reThat six months from and after the passage of this act there shall bo wai’d and founding factories for instruction in the art.
Even
levied, collected, and paid the rates of duty which are prescribed in in the midst o f the great events then culminating in the invasion
the paragraphs of this act upon the articles hereinafter enumerated,
when imported from any foreign country into the United States or o f Russia and destined to result in the fall o f the empire, Na
into any of its possessions (except the Philippine Islands and the poleon gave close attention to the development o f this industry,
islands of Guam and T utuila), and the said paragraphs and sections which he was convinced was essential to the m ilitary strength
shall constitute and he a substitute for paragraphs 216 and 217 of
and economic independence o f France. His efforts were crowned
section 1 of an act entitled “ An act to provide revenue, equalize duties,
and encourage the industries of the United States, and for other pur with quick success.
In 1813, less than thi’ee years after the
poses,” approved August 5. 1909.
first attempts, France had 334 beet-sugar factories and produced
First. Sugars, tank bottoms, sirups of cane juice, melada, concen
trated melada, concrete, and concentrated molasses, testing by the 3,500 tons o f beet sugar. After the fall o f Napoleon his plan
polariscope not above 7 5 °, ninety-five one-hundredths of 1 cent per was, in large measure, abandoned; the beet-sugar industry was
pound, and for each additional degree shown by the polariscope test,
neglected, and it was not until the time o f the second empire
thirty-five one-thousandths of 1 cent per pound additional, and frac
that the policy o f the first Napoleon wras revived. Since then
tions of a degree in proportion ; molasses testing not above 4 0 °, 20
the industry has grown steadily until in 1900 and 1901 it reached
per cent ad valorem ; testing above 40° and not above 5 0 °, 3 cents
per gallon ; testing above 5 6°, 6 cents per g a llo n ; sugar drainings and
the enormous production o f 1 ,0 0 0 ,0 0 0 tons.
sugar sweepings shall be subject to duty as molasses or sugar, as
The point to which I wish to call attention, howevei*, is not
the case may be, according to polariscope t e s t : Provided, That every
bag, barrel, or parcel in which sugar testing by the polariscope less the histoi-y o f the beet-sugar industry in France, but the rea
than 99° is packed shall, be plainly branded by the manufacturer or sons which led to its foundation in that country. Owing to the
refiner thereof with the name of such manufacturer or refiner, and the
polariscope test of the sugar therein contained, accurately within one- English supremacy at sea Napoleon found that France w as de
half of 1° and a failure to brand any such bag, barrel, or parcel as pendent on other countries for its sugar supply. He came to the
herein required shall be deemed and taken to be a misbranding of conclusion that this was a serious national weakness, because
food within the meaning of the act of June 30, 1906, entitled “ An act
sugar was one o f the important necessities o f life. He therefore
for preventing the manufacture, sale, or transportation of adulterated
was convinced that it was a political as well as an economic
or misbranded or poisonous or deleterious foods, drugs, medicines, and
liquors and for regulating traffic therein, and for other purposes.”
necessity to m ake.F rance independent, so far as possible, in
And the requirements of this proviso shall not apply to any sugar
regard to her supply o f sugar. He took the view that a small
shipped or delivered to a refiner to be refined before entering into
and practically unfelt tax, levied on the people o f France for
consumption.
Second. Maple sugar and maple sirup, 4 cents per pound; glucose the purpose o f creating a native sugar industry, w as a very
or grape sugar, 1$ cents per pound; sugar cane in its natural state or
trifling price to pay for independence in the production o f this
unmanufactured, 20 per cent ad valorem ; sugar cane defecated, shredded,
artificially dried, or which has been subjected to any manufacturing or important article, and that in the long run the people would
other process, 50 per cent ad valorem.
pay a great deal more for their sugar if they were left depend
Third. That nothing in this act contained shall be so construed as ent for their supply upon other countries and upon the fortunes
to abrogate or in any manner impair or affect the provisions of the
treaty of commercial reciprocity7 concluded between the United States o f war. It will be generally admitted, I imagine, that the first
and the Republic of Cuba on the 11th day of December, 1902, or the Napoleon was a man o f more than ordinary ability, and I think
Provisions of the act of Congress heretofore passed for the execution of it is no inflection to say that his intelligence was perhaps as
the same, and that upon the taking effect of this act all acts and parts
high as the average intelligence o f the framers o f this House
of acts in conflict with the provisions hereof shall be repealed.
The PR E SID E N T pro tempore. The question is on agreeing bill, who appear to have overlooked the importance o f industrial
independence in the pi’oduction o f sugar, which is the funda
to the amendment reported by the committee.
The views o f
Mr. LODGE. Mr. President, I am going to ask first that mental condition involved in this question.
some graphic tables which I have had prepared, showing various Napoleon, moreover, in this matter seem to have been genei'ally
statistics relating to sugar and comparing it with other products, accepted by continental Europe. Germany adopted the same
may be reduced to small tables in black and white and planted policy in the early forties, and we are all fam iliar with the
large proportions which the sugar industry has' assumed in
as a Senate document. (S. Doc. No. — .)
The PR E SID E N T pro tempore. W ithout objection, the re Germany, Austria, and Russia, under Goverament encoux*agement.
quest will be complied with.
During this development it was found that the production o f
Mr. LODGE. Mr. President, it is ju st a hundred years since
Napoleon established in France the manufacture o f beet sugar. beet sugar, which it was feared would withdraw too much land
That the beet contained sugar ju ice had long been known. Oli from the production o f wheat, an objection imperiously disre
vier de Serres, a distinguished French chemist, had pointed out garded by Napoleon in 1812, had an exactly contrary effect.
X L V III
612
■
9736
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
It was discoverer’- that the production o f the sugar beet, through
the necessary deep plowing, thorough cultivation, and removal
o f foul growth, increased very largely the productive capacity
o f all other farming land, that it not only made the country
independent in the production o f sugar, but that it added enor
mously to its general agricultural capacity.
But the most striking support o f the Napoleonic policy really
has come from the English, who never accepted the French doc
trine and whose policy for seventy years has been one of absolute
hostility to the direct or indirect encouragement o f industry by
any form o f legislation. The vast development o f the beet-sugar
industry in Europe resulted in a large surplus o f bounty-fed sugar
which the producing countries were enabled to pour into England
at prices with which not even tropical cane sugar, unsustained
by any bounty, could compete. The first effect o f this under the
English free-trade system was the practical ruin o f her sugar
islands in the West Indies. This her free-trade ministers bore
with philosophy, pointing out that if those islands could not
raise sugar in competition with the bounty-fed beet, it was their
duty on the principles o f free trade to turn their attention to
other crops which they could raise at a profit. They overlooked
the fact that there was no other crop in those islands to which
the sugar planters could turn with the hope o f profit— a fact
more impresslvb, no doubt, to the inhabitants o f the islands
than to the free traders in London.
The next development was the gradual extinction o f the Eng
lish refineries. England had a very large business in refining
cane sugar. A large part o f the bounty-fed beet sugar, of
course, came into England refined and the English and Scotch
refineries began to go out o f business. I think I am correct in
stating that Glasgow and Greenock, which once had some IS re
fineries, now have 6 . This destruction o f a home industry pro
duced more effect in England than the misfortunes o f the sugar
Islands, and the cherished doctrine o f buying in the cheapest
market and selling in the dearest began to look less desirable
in this particular case. But that which finally turned the scale
was that men o f sense and foresight in England perceived that
the country was becoming hopelessly dependent for a prime
necessity o f life upon European powers which were her rivals
in trade and might very conceivably become her enemies in
war. It was bad enough to be dependent for her wheat upon
the United States and the Argentine, with whom there was no
prospect o f war, but to be dependent upon the Continent of
Europe for an article like sugar gave pause even to the most
ardent disciples o f the doctrine o f free trade.
The obvious relief o f countervailing duties on bounty-fed
sugar Tvas, o f course, suggested and was at once laid aside, be
cause it was too cleai’ly an abandonment o f the free-trade prin
ciples. England then resorted to seeking an agreement among
the nations producing a large surplus o f bounty-fed sugars by
which bounties should be restricted or abolished and the surplus
available for introduction to her own markets limited. England
labored in this direction for many years, and the result was the
Brussels convention o f 1902. It is not necessary at this point
to go into the details o f that convention with which I shall deal.
Suffice it to say here that through the Influence of England a
system was established for the limitation o f the artificial beetsugar exportation. This was not as obvious a disregard o f the
principles o f free trade as countervailing duties, but it was just
as real and quite as effective. At the time o f the Boer W ar
England also put a small duty on sugar, and thus finally recog
nized, through her support o f the Brussels convention and the
imposition o f a duty, that Napoleon was fundamentally right in
the belief that it was for the best interest o f a nation to make
itself independent, so far as possible, in regard to this great
necessity o f life, and that sugar was eminently suitable for the
production o f revenue.
Therefore, in considering the question o f the sugar duties, the
first thing to be remembered is that the well-considered opinion
of the entire v/orld holds that it is important for a nation to be
independent in the production o f sugar, and yet it is only o f late
years that the United States, although its policy for a hundred
years has been protective, has really adopted this principle in
regard to sugar. During most o f our history we have been de
pendent upon the West Indies for our supply, and it was not
until the production o f beet sugar began in this country that we
realized that we were able to make ourselves entirely independ
ent o f the rest of the world in regard to sugar, if we would only
give a reasonable protection by import duties sufficient to enable
the beet-sugar industry to develop. That industry since its in
ception has made great strides, although it has been hindered in
its progress by the constant threat of adverse legislation. There
is no reasonable doubt that if the industry could be assured of
sufficient protection for ten years the Nation would be entirely
July 27,
independent of the rest of the world for its sugar supply. These
views, which the rest of the world have adopted, have been
totally disregarded by the makers of the House bill. Under
their scheme of free sugar the Louisiana cane and the American
beet sugar would go out of existence, and the supply of tropical
cane from Porto Rico, the Philippines, and Hawaii, while pmight in part maintain a precarious existence, would be so
trifling, compared to the total amount of our consumption, that
we should be left dependent upon foreign nations for this great
necessity of life.
I now come to the attitude o f the world in regard to a tax
on sugar as a means o f raising revenue. Every civilized nation
to-day imposes a tax on sugar. Europe derives over .$200,
0 0 0 ,0 0 0 in revenue from its taxes on sugar, and the United
States collects over $50,000,000 from the same source. (pm_
fact alone shows that the opinion of the civilized world, without
any reference to the question o f encouraging or building up the
industry, is in favor o f raising revenue from sugar, -p,
reason for this is obvious. The tax is easily and surely col
lected. Although so enormously productive, it is not, except
in the case o f one or twro European countries, a heavy tax
It falls lightly on the people who pay it. It also, as nearly as
possible with an indirect tax, distributes itself fairly, accord
ing to the paying capacity of the population. Those best able
to pay pay most, because they are the principal purchasers of
the many articles o f luxury into the composition o f which sugar
enters. The rich and well-to-do households, moreover, consume
naturally more sugar than the poorer ones.
Every nation lays a tax upon wines, liquors, and tobacco
and no one questions that they are proper subjects o f taxation*
In the case o f wines and liquors, the subject o f taxation is cer
tainly a luxury and one which no man suffers from abandoning
if he does not care to pay the tax. It is less easy to draw the
line on tobacco, which in its simpler forms comes very near the
point o f being a necessity to those who work hardest and who
lead lives o f great exposure. Sugar is, o f course, a necessity
and not a luxury, but by the distribution o f its consumption, to
which I have just alluded, it bears a tax with as little injustice
as possible and has all the other qualities which commend an
article for taxation— ease and certainty o f collection, lightness
in the individual case, and great productiveness in the mass.
Contrary to the general view o f all economists and o f all
civilized nations, the House o f Representatives has thought
it judicious to take sugar from the list as a revenue producer.
They could not have been moved to this action by any idea that
sugar bore an unusually heavy burden in this country, because
with the exception o f England and Denmark the duty or tax
on sugar is less here than in any other beet-sugar country jn
the world. The following table shows the rates o f import duties
imposed by various European countries:
Raw
Refined
(cents per (cents per
pound). pound).
France...................................................... ...........................................
Germany.............................................................................................
Italy......................................................................................................
Russia............................ .".....................................................................
Spain.............. ......................................................................................
3.99
1.75
1.22
2.67
1.99
3.29
4.93
6.82
7.46
.396
4. O
S
1.75
1.22
2.89
2.03
4.33
4.93
8.56
7.46
.396
The duty paid in the United States on imported sugar is, for
the great mass o f our importations which come from Cuba under
the preferential duty o f the reciprocity treaty, 1.34 cents per
pound. Very little sugar comes into this country with the full
duty paid, the full duty being 1.6S cents per pound for 96° sugar.
The average rate of duty for the past eight years collected on
all sugar imported into the United States was 1.4 cents per
pound. England collects an import duty just short o f 0.4 cent
per pound; Denmark, 1.22 cents per pound, but a trifle less than
is collected in this country; and all the rest collect more in
import duties than here, ranging from 7.46 cents per pound in
Spain to 1.75 cents in Belgium. It is also to be noticed that
import duties are only part o f the taxation which is imposed in
other countries upon sugar. The European sugar-producing
countries levy an excise tax, a direct tax, on the domestic sugar
manufacture, and the amount o f this excise tax is only half a
cent a pound less than the import duty, so that the consumer in
the beet-producing countries o f Europe is obliged to pay a heavy,
tax on domestic sugar, while the foreign sugar is kept out by a
surtax o f one-half cent per pound. I think, therefore, that we
1912.
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
0747
I am a little bit afraid that so far as the Louisiana cane pro
Mr. M ARTIN E o f New Jersey. And I want to add that it is
ducers o f sugar are concerned, when you come to those p ro very unlike the product o f corn and potatoes. They deplete the
ducers out on the outer edge, who are not handling their affairs soil. The cultivation o f the sugar beet adds to the fertility o f
well, who are not up to date, some o f them may be hurt.
it. So it is a benefit, even.
I am sorry that that should be the case, but laws ought
Mr. W ILLIA M S. I have noted that point before. But sugarnot to be made for the ragged edges o f an industry. They ought beet raising is not the best way o f keeping up the soil.
to be made, even by protectionists, for the industry taken by and
Mr. M ARTIN E o f New Jersey. It w ill keep up and add to
large and not for its exceptions. I f we had a duty o f 100 per its fertility.
cent on sugar and were to reduce it to 75 per cent, I have no
Mr. W ILLIA M S. It does undoubtedly add to the fertility o f
doubt that some few people, managing their business very the soil, but not as the raising o f alfalfa or cowpeas, I mean any
badly and barely managing to live with 1 0 0 per cent, would leguminous product, that puts enrichment into the soil does.
have to go out o f business. I have no doubt that that is true The fact that it is not the cheapest and best way o f enriching
o f every other industry as well as sugar, o f wool and cotton and the soil is demonstrated by what I said some time ago when the
everything else. But to carry the doctrine o f protection to the Senator from New Jersey was not here. In Great Britain,
absurd point o f wanting it to be high enough to protect the where they do not raise any sugar beets at all, the production
carelessly and ill managed enterprises is carrying it too far.
has increased per acre more than it has either in France, Ger
I do not think it w ill hurt any well-managed Louisiana cane- many or Russia, and the actual production per acre o f every
sugar producer. I f it did hurt some o f them, if in hurting product is greater than it is in any o f those countries which are
them— and they were few — it had benefited a vastly greater raising sugar beets. But the sugar beet does enrich the soil.
Mr. TOWNSEND. Did I understand the Senator from M is
number o f American citizens, it would stand justified according
to my political philosophy. But I do not believe it will, and I sissippi that the raising o f beans also enriches the soil?
Mr. W ILLIA M S. I said any leguminous plant enriches the
am confident that it w ill not hurt any o f the others.
I think we ought to follow the precedent, time honored, when soil. It puts nitrogen into the soil, taking it out o f the air.
Mr. TOWNSEND. That is an agricultural fact that I think
w e have got a good revenue subject o f keeping a duty upon it
for the purpose o f raising revenue for the use o f the people, to the country generally has not come to appreciate. W e have felt
be expended from their Treasury, and we ought to pay some that the raising o f beans perhaps impoverished the soil about
heed not only to the recently announced Democratic platform, as much as any plant or product that we could produce.
Mr. W ILLIAM S. It is an old and fam iliar fact known to
hut to the one announced at Denver. Both o f them say that we
every farmer that any sort o f leguminous plant, and among
shall proceed toward and to a revenue basis gradually.
No man who has good sense, no man who has good feeling, them are cowpeas, alfalfa, red clover, anything o f that sort, does
Will refuse, when undertaking any great reform, to consider take nitrogen out o f the air and put it into the soil.
Mr. M ARTIN E o f New Jersey. Infinitely good products are
present conditions, nor will he neglect to note in many cases
that present conditions, if they are bad and to be remedied by clover and cowpeas if they are plowed under as a fertilizer.
Mr. W ILLIA M S. I do not want to get into a general agricul
legislation, were produced by legislation. People were induced
by law— tariff laws— into artificial, naturally unprofitable pur tural argument, but I every year and my people have been en
suits. I mean by that pursuits that would not have been profit riching their soil by planting cowpeas and then cutting the i>eas
able save for the operation o f law. They have been induced off for hay, and the roots and the little that is left have en
into them, and some regard, I think, ought to be paid by any riched the soil because the little bug or microbe that is on the
sensible man to that fact, as some regard ought to be paid to tubercle o f the pea brings nitrogen into the soil.
When you cut off the peas the soil has been enriched both
all facts. So far as I am concerned, a fact is about the only
thing in the world that I reverence. I never try to tunnel chemically and m echanically; that is, chemically by the process
under it. I never try to jum p over it. I never try to walk o f putting nitrogen into the soil and then mechanically by the
pea roots going away, down and making the soil to a large
around it. I just bow to it and confess that it is there.
This is the condition o f the sugar industry now. It seems to extent porous so it takes the water down and gives the water
me it is a great pity that the duties have been kept so high for up more easily to other plants.
Mr. TOWNSEND. I quite agree with the Senator from Mis
so long a time. So fa r as the Louisiana cane-sugar producer is
concerned he, years ago, by insisting upon this high duty, cut sissippi i f the products raised are given back to the soil, but
bis own throat— that is to say, if his throat is to be cut at all. that is not true o f the bean crop. When the bean crop is
Now, how did he do it? You can not take cheap, inefficient, produced the beans are pulled root and branch and so every
unintelligent colored labor and compete with the most intelli thing has to be taken off, and there is nothing that destroys the
gent. enterprising, energetic, and inventive white labor o f the fertility o f the soil so much as the raising o f beans, at least no
world. You can not do it. I f the sugar duty had been fairly crop with us, because no part goes back into the soil.
Mr. W ILLIA M S. Perhaps I have been misunderstanding the
right and not too high, the Louisiana cane planter could have
gone on forever making a reasonable profit in the sugar produc Senator. Is he speaking o f beets?
Mr. TOWNSEND. O f beans.
tion, but ihe Republican Party and the cane men together man
Mr. W ILLIA M S. That is all right. W e will leave that out
aged to make it so high that it hothoused into existence a
sugar-beet business, and the beet-sugar business, without the because it makes no difference. It is not relevant to this any
aid and operation o f law, would have had difficulty in finding how. I do not want to deliver an agricultural lecture. The
w ay in which beets improve the soil is not owing to the fact
a beginning.
that they put anything in it, as legumes do, but it is ow ing to
They have by this course built up for themselves, therefore,
a competitor— that which will devour them. It is as certain as the fact that there must be such splendid cultivation for beet
two and two make four that intelligent, enterprising, thrifty raising, such intensive cultivation, such splendid care given to
go-ahead, energetic, inventive white labor raising sugar beets the soil, that it improves the character o f the soil mechanically,
in an American country can compete with any labor anywhere and not in the way that cowpeas or alfalfa do, by direct addi
in the w orld engaged in that sort o f business after they once tion o f chemical properties.
Mr. President, I am very anxious, and I know all o f us are,
get a foothold. They have now got that foothold and could
to get through with the question and the session. I feel like
stand to-day, so far as they are concerned, without a dollar o f
I have occupied more time than I ought. I have occupied more
tax and make money and continue to make it; and they w ill
than I would have done but for these agricultural dissertations,
stand as day follow s day in a better and better condition, be
and I shall surrender the floor.
cause they will improve the beet itself.as to its saccharine con
Mr. SMOOT. Mr. President, I share the opinion o f the Sena
tents, and they w ill improve their machinery. They are making
tor from Mississippi [Mr. W i l l i a m s ] that Senators are very
their own machinery now. not buying it from abroad, and some
People abroad have come here and bought it from us. American desirous o f getting through at an early hour to-day. I could,
invention has gone to work upon it. They are not only able to address the Senate for the next two hours upon this question,
stand by themselves in competition with the world, but at the but I hardly think it is necessary. The Senator from Massa
same time in the future Louisiana w ill find that she has to chusetts [Mr. L o d g e ] has covered the subject pretty thoroughly
change either the character o f her labor or she w ill find her and I shall therefore not undertake to go into a detailed dis
task o f entering into competition with the American beet-sugar cussion or argument o f the sugar schedule at this time.
I did intend to answer some o f the statements that have been
Producer a hopeless task— absolutely hopeless. American white
labor can raise sugar beets just like it does potatoes, like it does made recently by circulars sent every day or so to Members
corn, like it does wheat, or any other farm product, in competi o f the Senate by a Mr. Lowry, representing an association
tion with anybody on the surface o f the earth. They have form ed by Mr. Spreckels, o f the Federal Sugar Refining Co.
demonstrated that they could do it. It is a farming process The expense and maintenance o f the organization is' paid for
by Mr. Spreckels alone. But I have concluded that it is unafter all.
9748
CONGRESSIONAL RECORD-—BENATE.
necessary, and am informed by Senators that the statements
made are not'such that require an answer.
I believe, Mr. President, that Senators pretty well understand
what it really costs to produce beet sugar and cane sugar in
this country.
I have made a number o f speeches in the past on the subject,
showing what it actually costs to produce sugar in this country,
both cane and beet. There is no change in those costs. They
were taken from the books of the companies, showing the ab
solute cost at the time I addressed the Senate the last time
upon the subject.
As far as I am personally concerned, all the protection that
I desire for the sugar industry o f this country is sufficient to
enable it to hold its own against increased importation of sugar
o f foreign countries and enable it to develop in the future, and
no more. The amount o f protection required to accomplish
this has been a somewhat disputed question. The sugar hear
ings in the House, in which the books of most o f the sugar
companies o f the United States were produced, demonstrated
that the cost o f producing sugar in this country was .$3.54 per
1 0 0 pounds, without depreciation charges.
I believe that it is
generally admitted that the production o f beet sugar in this
country costs about $3.75 to $3.S0 per hundred, and it costs a
little more to produce cane sugar in the South. All the pro
tection that the sugar producers o f this country desire is
enough to measure the difference between the cost o f producing
sugar in this country and in foreign countries.
I believe, Mr. President, if it had not been for the attempts
that have been made nearly every year for the last 1 0 years
to reduce the prevailing rates on sugar there would have been
sugar factories in all parts o f this country, and in numbers
sufficient to produce twice the amount o f sugar that is being
produced to-day.
Mr. President, if it were understood that the present duty
imposed on sugar would remain unchanged for the next 1 0 or
15 years, every pound o f sugar consumed by the people o f this
country would be produced in this country before the end of
that period.
Mr. President, the Senator from Massachusetts asked the
question: “ Who is back of this move for free su gar?” That
was demonstrated beyond a question before the hearings in the
House and Senate. It is not the people who are crying for free
sugar, but it is the great sugar refineries o f this country. They
want free sugar; and why? I f they had free sugar, every
producer of sugar in the United States would be destroyed,-and
when destroyed the few sugar refiners would have the absolute
sugar market o f this country in their control. They would
name the price that the people would pay for sugar, just the
same as they named it in the fall o f 1913, when they purchased
sugar from $3.86 to $5 a hundred and sold it as high as $7.50 a
hundred. They were not then looking after the dear people of
the United States. They were looking after their own coffers
and charging all they thought the people would pay.
The statements o f all the companies that are now so inter
ested in the reduction of the price o f sugar to the people show
they did not make money by the hundreds o f thousands, but by
the millions o f dollars, when they had it in their power to do so,
and if it had not been for the fact that beet sugar produced in
this country entered the market in the month o f October the
excessive prices would have continued and the refiners would
have continued making their millions monthly.
So, Mr. President, I believe that if anything should happen
to destroy the American manufacture of sugar and the great
sugar refiners o f this country had absolute control o f the dis
tribution o f sugar, with the power to make the prices for all
the sugar that was sold, in the end the American people would
pay more for their sugar than they do now with the tariff added.
I shall not take any more o f the time o f the Senate to-day in
discussing this question, because I believe that every Senator
has made up bis.
.egeh Senator no doubt has studied
the question—"what rate o f duty, in -his opinion, is necessary for
the preservation o f the sugar industry in this country.
Mr. BRISTOW . Mr. President, I desire to offer an amendment
to the amendment. I move that, on page 4, line 2, the word
“ thirty-five” be stricken out and the word “ twenty-six” inserted.
T lieP R E S ID IN G OFFICER (Mr. P omerene in the chair).
The Secretary will state the amendment to the amendment.
The S e c r e t a r y . On page 4, line 2, in the amendment reported
by the committee, strike out the word “ thirty-five ” and insert
the word “ twenty-six.”
Mr. LODGE. Mr. President, I shall be glad if it should not
be reduced to that point. I am very anxious that we should
pass a proper sugar bill in the Senate to-day. So far as I have
the power to do so, I accept the amendment.
J
u l y
27.
The PRESIDING OFFICER. The question is on agreeing "
the amendment o f the Senator from Kansas to the amemhi 0
o f the committee. W ithout objection, it is agreed to.
leilt
Mr. BRISTOW . Mr. President, the acceptance o f the amp
ment makes the bill, as reported by the majority o f the* <
Gn^'
mittee, satisfactory to me, but probably I should explain i'1 '
'1
what the amendment does.
•
,Ust
As will be remembered by Senators who are present who w
here three years ago, when the Payne-Aldrich bill was bof°r°
the Senate, I offered an amendment to paragraph 216 w ir 'e
struck out the language in the first line as printed in the to •
bill—
ariff
Not above 1G Dutch standard In color.
And also the following provision I moved to strike frorv,
b ill:
m tli0
And on sugar above 16 Dutch standard in color, and on all su
which has gone through a process of refining 1.90 cents per pound. Sar
The effect o f these amendments, if adopted, would have bee
to reduce the duty on refined sugar from $1.90 to $1,824 per bun1
dred, and to remove the Dutch color standard, which impose i
the same duty on light-brown sugar that was imposed on refinC
(]
The bill, as reported by a majority o f the Committee 0n
Finance, omits these provisions in the law which I then moved
to strike out. I think I held the attention o f the Senate f0].
about three days at that time in explaining what the
standard was, and what I considered the iniquities o f its in.
corporation into the sugar-tariff law, and explaining as best I
could the reasons why no differential was needed.
Prior to the Payne-Aldrich law the Dingley law provided f or
a differential o f 1 2 4 cents per hundred pounds on refined sugar
over the duty on pure sugar that had not gone through the process
o f refining. That 124 cents, in my opinion, was purely a protec
tive duty to a refining company that did not need any protection
whatever. The Payne-Aldrich law reduced that from 124 cents
to 74 cents per hundred pounds. I contended for the striking
out o f that 74 cents differential, because, in my opinion, it \
Vag
not needed and was purely a gratuity to a refining company that
had proved itself to be a criminal organization.
In my judgment the provision relating to the Dutch standard
was also in the interest o f this same refining company, because
it placed so high a duty on the light-brown sugars as materially
to increase their price, so that they could not be successfully
sold in competition with the refined. I was unable at that time
to convince the Senate that these provisions should be stricken
out, and they remained in the bill.
Last year, as Senators will remember, I again sought to have
these provisions stricken out. Three years ago, if the
ments that I had offered to the bill had been adopted, the duty
would have remained then on pure and refined sugar $1.S24 per
hundred pounds.
Last year, in addition to striking out the differential and the
Dutch standard, I sought to reduce the duty, making the maxi
mum duty $1.75 per hundred; that is, reducing it 74 cents per
hundred pounds lower than the amendments I offered two years
previously would have reduced it. I failed then to convince the
Senate that such a reduction ought to be made.
I want to say that I was exceedingly gratified when the
majority o f the Committee on Finance reported this bill to find
that the provision relating to the Dutch standard had been
taken out o f the law and that also the differential had been
taken off, leaving the duty on pure sugar at 1 .8 2 4 cents per
pound. I felt that in itself was a great advantage to the people
and a very desirable step in our sugar tariff legislation, and
I was very much gratified because it was the accepting by the
committee o f the identical amendments to the law that I had
proposed in 1909. But I believe now that the duty can be still
further reduced without endangering the sugar industry, espe
cially the beet-sugar industry, that has been built up, in my
opinion, as a result of the protective duty that was imposed in
1897 in the Dingley law.
I would not reduce the duty to a point that would endanger
the successful operation or the normal and natural growth of
the beet-sugar industry o f the United States. I am desirous
that the Louisiana cane-sugar industry should have the protec
tion that is justified in undertaking to develop the sugar pro
duction o f this country; but I do not believe that we are justi
fied in maintaining an excessive tariff duty on sugar in order
especially to encourage the development o f the production of
cane sugar in Louisiana, because the territory which can be
utilized in the production of cane sugar is lim ited; so that a
high protective duty could not give the country any great pro
duction o f sugar. There is, however, opportunity for a very
large development o f the sugar-beet industry in the United
Dtch
u
a ed
mn
1912
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
sideration which would go a long w ays w ith me in determining
how I would vote upon this amendment.
Then, again, the reasons that are given for making a reduc
tion by the other side o f the Chamber do not appeal to me.
Confessedly, according to some o f the remarks o f Senators on
the other side yesterday, their purpose is to clear the way for
the creation or substitution o f another source o f revenue to
pay the expenses o f the Government. It is proposed by the
Dem ocracy— and I w ill make it broad enough to cover Demo
crats in and out o f Congress— to substitute direct taxation for
the system o f indirect taxation, if it is taxation, in providing
for the revenues o f the Government. I am unalterably opposed
to making a condition in order that an undesirable condition
may be brought about.
O f course it must be admitted that a reduction, whether it
be five million or nine million or eleven million, is at the expense
o f our own producers. It is a fair deduction that if w e reduce
the duty we increase the imports o f sugar or the opportunity
to im port sugar, and it w ill exert a pressure upon our own pro
ducers to compel them to accept less profit and less favorable
conditions o f production. I can not bring my mind to accept a
proposition that w ill result in doing that thing.
It is probable that with this amendment adopted the legisla
tion would still fail o f enactment into law. If I were to vote
for this amendment it would be because I believed it would be
futile and that the legislation would fail, and I would vote for
it if at all in order to defeat what is, in my judgment, a more
dangerous and disastrous piece o f legislation, namely, the House
bill.
One o f the most treasured resources o f this Government fo r
the production o f revenue fo r the. payment o f the expenses o f
our Government has been the sugar tariff. It has been bene
ficial not only in protecting our market as it exists to-day, but
it has been beneficial in building up the sugar industry in this
country from a very small production 14 years ago to a very
large production to-day, and an ever-increasing production,
not only o f sugar, but o f the prosperity incident to an enlarged
use o f our land, our labor, and all that pertains to the growth
o f that industry.
It is conceded that within a very few years under existing
conditions the United States would produce all the sugar it
would consume, and as the years come after that would pro
duce a surplus for sale in other markets that would add to the
wealth o f the people o f this country who are interested in the
production o f sugar, the development o f the industries that are
dependent upon it, and an enlarged use o f the lands o f the
country.
The State I represent is one o f the large sugar-beet producing
States o f the Union. It has grown within a very few years
from the beginning to the existing conditions o f production. We
have large counties in our State that had no substantial ex
istence prior to the introduction o f this industry w'hicli are
to-day among the largest and most prosperous counties in the
State. One o f those counties is as large as some States in the
Union. I have known it since it was in the primitive condition
o f sagebrush and cattle ranging. I have seen it developed into
a fertile, thickly populated county, with large and growing
towns, all because o f the advantages offered to the American
producer by reason o f Republican tariff legislation.
I not only am not willing to strike down that industry, but
I am not w illing to diminish the prosperity o f those people to
the extent o f a single dollar in response to a cry that comes
from nowhere, that has no responsible thing behind it except a
political scare based upon a desire to win in political contro
versy. Outside o f the Chambers o f Congress there are many
millions o f people who think upon this question. Heretofore
their thoughts have led them to support by overwhelming ma
jorities the party o f protection, the party that gave us the
tariff under which we now live. I do not believe that those
people have changed their minds. I know that no responsible
call has come up from them for change in legislation.
In the Republican platform there is a short paragraph sug
gesting that some duties are too high. It should not have been
in a Republican platform. Some o f those who were instru
mental in making that platform tell me they did not know that
it was to be contained therein. But it is there, and the ques
tion presented by it is one that seems to be considered o f gen
eral application. Three days we have sat here considering
reductions in the duties upon imports, and there have been
found during those three days advocates o f reduction in the
several schedules that have been under consideration. I wonder
when going down the list o f schedules we would find one that
would be considered an exception to that irresponsible state
ment that some duties are too high. We have not found one in
three days, and perhaps if we were to go down the whole line
9753
o f schedules we would find some one, perhaps many, admitting
that all schedules were too high.
Can that possibly be the condition that exists in the minds o f
the Republicans o f the United States? I do not say in the
minds o f the Republicans in Congress. I am inquiring as to the
condition o f the minds o f Republicans in the United States.
That is a larger question, and one more important to be given
consideration than is the question as to the condition o f the
minds o f Senators and Members o f either House o f Congress.
I f the proposition contained in the amendment under consid
eration is one intended to defeat the enactment o f a law placing
sugar upon the free list, then if I were to vote for it it would
be merely as a weapon used in that great and good cause.
There are conditions under which a person might conscien
tiously vote for an amendment that they would not willingly
see enacted into a law. Should I vote for this amendment, I
propose that it shall be known here and everywhere that I do
not vote for it because I approve o f a reduction o f the duties
and a reduction o f the revenue o f the country at the expense
o f legislation providing for a substitute in the production o f
revenues o f such a measure as was considered in this body
yesterday. Yesterday the Senate o f the United States voted
in favor o f substituting direct taxation upon the people o f our
own country for indirect taxation upon the people o f other
countries.
This is the hour o f political madness. Men’s minds have been
wrought up by the discussion and consideration o f questions
o f Government that are fraught with danger to the stability
o f our institutions until they seem to have lost sight o f the
old landmarks and to have broken aw ay from the moorings o f
safety, tried and found to be safe. I deplore the condition. I
do not expect to stem the tide to-day, because it is not the firsttime in the history o f this Nation, or o f other nations, that we
have been forced to submit for a time to conditions o f which
we could not approve. Our hope is in the present until that
hope is shown to be fruitless and without foundation; but still
beyond that we have a further hope and an abiding faith that
when the hour o f sanity returns to the people the wrongs of
to-day will be swept away before the wisdom o f to-morrow.
I want it to be understood that if I vote for this amendment
it w ill be only that we may use it as a weapon for the destruc
tion o f a greater evil threatened us, should the consideration
o f this question pass beyond the vote upon the amendment.
Mr. JOHNSTON o f Alabama. Mr. President, w ill the Sena
tor from Idaho permit me? I should like to ask him a ques
tion. I understood him to say just a few moments ago that
he knew o f no duties that were too high. I wish to read him
what the President said in his message transmitting the Tariff
Board report on wool. He said :
On cheap and medium grade cloths, the existing rates frequently
run to 150 per cent, and on some cheap goods to over 200 per cent.
W ould not the Senator consider that too high?
Mr. HEYBURN. Mr. President, I am willing to accept the
responsibility for my own judgment and my own act. I believe
that every man in the party to which I belong is entitled to his
own judgment upon these questions. I would like to believe
that the wisdom o f the question was to be found in the com
posite judgment o f all Republicans. I am not to be led away
or driven away from the doctrine o f protection, to which I
subscribe, to which I have subscribed during all the shears o f
my responsible life, before the quotation o f the opinion o f any
single man in the party. The Republican Party has many
mansions. A ll Republicans do not dwell in the same house.
It is the composite wisdom o f the party that constitutes the
lodestar that directs my course and not the wisdom o f any
one man. It must be indorsed and subscribed to by those who
constitute the Republican Party.
I have the very highest personal regard for the views o f the
President o f the United States. He speaks- as an individual
and not as a party. The Congress o f the United States speaks
more directly than does any man in the party, whatever his
position may be. I intend to support loyally in the coming
contest the nominee o f the Republican Party. I intend to do
it without apology or without defense. I have more than one
reason for doing so aside from my confidence in the ultimate
wisdom o f the President o f the United States in connection with
the representatives o f the Republicans o f this country. I am
not going to question it in this hour, 'neither am I going to cease
to strive for the recognition o f the principles that I believe to
be sound and true.
There is another great reason why I am going to support
the nominee o f the Republican party, and that is that it will,
I hope, prevent the Democratic party from obtaining the control
or assuming the administration or legislation o f this country.
0754
¥*
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
Tliat is the greatest evil, in my judgment, that can befall the
Americans. I do not expect Senators on the other side to
agree with me—that is, not spontaneously, nor do they expect
me to agree with their policies, but, Mr. President, anything
that will keep the Democratic party out o f power is a worthy
thing to do, and in this is involved the welfare o f the American
people.
I heard statements upon this floor yesterday which would
indicate that some Members seem never to have discovered the
boundaries o f the United States or to have learned what the
boundary o f a country such as ours means. They seem not
to understand that it marks not only the geographical line,
but the line o f interest and the line o f rights o f the people.
Senators who talk about the spirit o f brotherly love, unbounded
and undivided by geographical lines, are talking poetry and
not reason. The American people, a nation distinct from every
other nation in individual and personal character, necessity,
ambition, and destiny, must not be confused with a country,
even though inhabited by a like citizenship that exists under
different laws and is governed under different principles.
I would make the boundary o f our great country mean some
thing not only upon the map, but in the transactions in the
world between men. I would make it mean something to be
an American citizen. I would make it stand for something
that places the American citizen and his rights above the
citizenship o f any other country in the world. That is what
it is to be an American citizen, entitled to participate in the
counsels o f the American people, to live under the laws of
the American people, that are different in principle and appli
cation to the citizens than are the laws o f any other country.
For that reason no conditions could arise under which I
would advocate or support any proposition o f legislation that
would place the citizenship o f any country upon an equal plane
with the citizenship o f our own country, either from a patriotic
standpoint, a business or a personal standpoint. That is the
standard that was set up by the founders o f the country. That
is the standard that was marked out by the Constitution o f the
United States. It was the purpose o f the founders that we
should be a distinct and separate nation, and that our citizen
ship should stand upon a better and. higher plane than that of
any other country.
I would never bring into competition with our own citizen
ship in the struggle for prosperity the citizenship o f any other
country. The rights of all men equal before the law are not
equal in the great field o f controversy and struggle. I would
give the weakest American citizen higher rights and better
protection than I would give the strongest foreigner, whether
at home or abroad. I would not allow the most highly skilled
and best equipped foreigner to compete at the expense o f the
less equipped American citizen. W e legislate in order that all
men can be equal before the law. Then we must give them all
an equal opportunity before the law. In enacting tariff legisla
tion we must give the weak the protection that w ill make him
stronger than the strongest foreigner. That is the principle,
that is the object, that is the purpose o f our Government.
Mr. M ARTINE o f New Jersey. Mr. President, I desire to say
that somewhere and somehow I want to vote for free sugar.
Whether I shall have the opportunity or not I do not know, but
I believe the time has come for free sugar and a free breakfast
table to the American people.
I agree thoroughly in many ways with what is expressed by
the Senator from Idaho, particularly where he says it means
something to be an American citizen. I have no doubt from his
standpoint and point o f view the Uavemeyers, sugar refiners,
multimillionaires, o f New York, who have robbed this country
o f millions o f dollars, will think so, too.
I think the Senator will agree with me that Henry T. Oxnard
is a pretty good authority on the question o f sugar beets an d "
sugar raising. It.w as his testimony that it cost not more than
$2.S0 a hundred to raise sugar beets. This was in 189S. At
that time the sugar content o f the American beets was no more
than 8 to 9 per cent, and the yield per acre no more than 7 or 8
tons. At the hearings before the W ays and Means Committee
o f the House in 1909 Mr. Oxnard declared that when we at
tained the German average o f sugar content and yield per acre
we could stand against the world without any further assistance
from the tariff. It developed before the Hardwick committee
that this country had equaled, if not surpassed, the German
average, the content of our beets having reached above 15 per
cent and the yield per acre 14 tons, while in favorable locali
ties o f California, Colorado, Utah, and Michigan there had been
as high as 2 2 per cent content and 2 0 tons’ yield per acre.
I f he was right about the cost to produce in 1898, how much
more cheaply should his company be able to produce now, under
these improved conditions? The Spreckels Beet Sugar Co. of
July 27,
California returned a cost o f $2.70 per hundred pounds in th
report to the trust, which owns a half interest, o f its earning
for 1910; The Hardwick committee, in a unanimous reporf
placed the average maximum cost o f all factories, good, bn 1
and indifferent, at $3.54 per hundred pounds.
’ ‘ a>
Now, Mr. President, I am satisfied, and it seems to me fni
minded and impartial men must be satisfied, from this tear"
mony that the public has been robbed in order to enrich th*'
sugar refineries o f the country, and their greed and avaric
have not yet been satisfied. They are asking for more, and th
pressure on all sides in legislation is for further privileges.
e
The Michigan Sugar Co., after sweating the people, paj<j
stock dividend in 1910 o f 35 per cent in addition to regular
dividends o f I f per cent upon both preferred and common' arm
transferred $1,025,000 to surplus. The Great Western of Colo
rado had a surplus o f $5,500,000 in 1910, after paying 7 p '
cent hpon $15,000,000 preferred and 5 per cent upon $10,000,000
common stock. It has lately been testified by Chester Morey
president o f the latter company, in the suit brought by the
Government to dissolve the American Sugar Refining Co., that
he and II. O. Havemeyer, to use his term, “ cut melons ” at the
rate o f $52.25 per share.
Mr. President, I am unwilling, by my vote, to further swell
their dividends, through burdening every breakfast table in the
land. No other country in the world would have tolerated
a system o f tariff a day. It is robbery pure and simple.
Last year the American Beet Sugar Co. earned $9,000,000
gross, upon a capitalization o f $2 0 ,0 0 0 ,0 0 0 . Mr. President, to
foster through tariff such results and profits at the expense
o f the American consumer and toiler is brutal. I , can not
vote to continue such extortion.
Mr. President, I insist that the sugar-refining companies
have reached their limit in fairness and common decency; and
when I recall the method only a year or two ago, or less
than three years ago, when the great refiners of Brooklyn
N. Y., and o f Jersey City were found with their hands in
the public purse, in the method o f manipulating the scales on
the wharves and docks in order to falsify the weight o f sugars
that came to them, they forfeit all respect and consideration
at the hands o f a fair people.
I believe the zenith o f protection in the sugar schedule has
been reached, and I shall vote with all earnestness and with a
sense o f patriotic duty to give the people o f this country free
sugar. I am as anxious as is the Senator from Idaho to build
up industries, but when industries cease to maintain them
selves upon proper lines o f business methods, when they simply
ask the extra pound o f flesh in order that their purse may be
better filled with the riches and toils o f the people, I say it ig
not patriotism nor good citizenship to sustain them longer, j
shall vote for free sugar if the opportunity shall be given me.
The PRESIDENT pro tempore. The question is on the amend
ment o f the committee as amended.
Mr. SIMMONS. I suggest the absence o f a quorum.
The PRESIDENT pro tempore. The Senator from North
Carolina raises the question of a quorum, and the roll will he
called.
The Secretary called the roll, and the follow ing Senators
answered to their nam es:
s ch
u
Asliurst
Bacon
Bailey
Bankhead
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
H n m b - r la in
Clapp
Crane
Crawford
Culberson
Cullom
Cummins
Dillingham
du Pont
Pall
Foster
Gallinger
Gronna
Eleyburn
Hitchcock
iM H iM i
Jones
La Follette
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Massey
Myers
Newlands
Overman
Page
Paynter
Penrose
Perkins
Poindexter
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith. S. C.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Watson
Wetmore
Williams
li& s
The PRESIDEN T pro tempore. Sixty-five Senators have an^
swered to their names. A quorum o f the Senate is present. The
question is on agreeing to the amendment o f the committee as
amended.
Mr. SIMMONS. Mr. President, I ask for the yeas and nays
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BAILEY (when his name was called), I am paired
with the Senator from Montana [Mr. D ix o n ] and therefore
withhold m y vote.
Mr. BRADLEY (when his name was called), '* T a m paired
with the senior Senator from Maryland [Mr. R aynef .] and
therefore withhold my vote, If at liberty to vote, I should
vote “ yea.”
1912
C NR
O G ESSIO AL R C R —SENATE
N
EOD
9755
Mr. BRAN D EG EE (when his name w as called). I have
Mr. CHAM BERLAIN. I am authorized to announce that
a general pair with the junior Senator from New York [Mr. the senior Senator from Oklahoma [Mr. O w e n ] is paired w ith
O ’G o r m a n ]. I transfer that pair to the senior Senator from the senior Senator from Nebraska [Mr. B r o w n ]. I f the Sen
New Jersey [M r. B riggs ] and w ill vote. I vote “ yea.”
ator from Oklahoma were here, he would vote “ nay.”
Mr. BU RNHAM (when his name was called). I have a
Mr. M ARTIN E o f New Jersey. I am authorized to announce
general pair with the junior Senator from Maryland [Mr. the pair existing between the Senator from Arkansas [Mr.
S m i t h ], In his absence, I withhold my vote. I f at liberty to D a v is ] and the Senator from Kansas [Mr. C u r t is ]. I make
this announcement for the day.
vote, I should vote “ yea.”
Mr. CH A M B ERLA IN (when his name was called ). I have
The result was announced— yeas 37, nays 25, as follow s:
a general pair with the junior Senator from Pennsylvania [Mr.
Y E A S — 37.
O liver ]. I transfer that pair to the junior Senator from In Borah
Dillingham
Massey
Smoot
Bourne
diana [Mr. K e r n ] and w ill vote. I vote “ nay.”
du Pont
Stephenson
McCumber
Brandegee
Fall
McLean
Sutherland
Mr. W ATSON (when Mr. C h il t o n ’ s name was called ). My Bristow
Foster
Page
Thornton
colleague [Mr. C h il t o n ] is absent from the city on account o f Burton
Gallinger
Penrose
Townsend
Gronna
illness. He, however, is paired with the Senator from Illinois Catron
Perkins
Warren
Clapp
Heyburn
Poindexter
Works
[Mr. C u l l o m ]. I f he were present, my colleague would vote Crane
Jones
Root
“ nay.”
i
Crawford
La Follette
Sanders
Lodge
Smith, Mich.
Mr. CULLOM (when his name was called). As has just Cummins
been stated, I have a general pair with the junior Senator
N A Y S — 25.
from W est Virginia [Mr. C h il t o n ]. I f he were present, he Ashurst
Hitchcock
Overman
Smith, S. C.
Bacon
Johnson, Me.
Pomerene
Swanson
would vote “ nay,” and I should vote “ yea.”
Bankhead
Johnston, Ala
Reed
W atson
Mr. D ILLIN G H AM (when his name was called ). I transfer Bryan
Shively
Martin, Va.
W illiam s
the general pair I have with the senior Senator from South Chamberlain
Simmons
Martine, N. J.
§
Smith, Ariz.
Myers
i
Carolina [Mr. T i l l m a n ] to the junior Senator from Iow a [Mr. Culberson
Smith, Ga.
E'letcher
Newlands
£
K e n y o n ] and w ill vote. I vote “ yea.”
/
NOT VO TIN G — 32.
Mr. CUMMINS (when Mr. K e n y o n ’ s name was called ). My
Bailey
Cullom
Kenyon
Paynter
?
colleague [Mr. K e n y o n ] is unavoidably absent. I f he were Bradley
Curtis
Kern
Percy
/
liere, he would vote “ yea.”
Briggs
Davis
Lea
Rayner
f
Dixon
Lippitt
Mr. SH IV E LY (when Mr. K ern ’ s name was called ). My Brown
Ricliardsoii
Burnham
Gamble
Nelson
Smith, Mif.
colleague [Mr. K e r n ] is unavoidably absent from the city. He Chilton
Gardner
O’Gorman
Stone /
is paired with the junior Senator from Tennessee [Mr. Sa n Clark, Wyo.
Gore
Oliver
Tillm ajf
Guggenheim
Owen
ders ].
I am authorized to say that were he present, my col Clarke, Ark.
Wetmore
jr
league would vote “ nay.”
So the amendment as amended was agreed to
Mr. M cCUM BER (when his name was called ). I have a gen
The PRE SID EN T pro tempore. I f there be y j6 objection, the
eral pair with the senior Senator from Mississippi [Mr. P e r c y ]. bill w ill be reported to the Senate as am end e^/
I understand he is absent. W ere I at liberty to vote, I should
The bill was reported to the Senate as ajsfended.
i'ote “ yea.”
Mr. NEW LANDS. I offer the amepdlnent which I send to
Mr. PAYN TE R (when his name was called ). I have a gen the desk.
eral pair with the Senator from Colorado [Mr. G ug genh eim ].
Mr. LODGE. Is the bill now til the Senate?
H e is absent from the Chamber. I f he were present, he would
The P R E SID E N T pro tempore. The bill is now in the
vote “ yea ” and I should vote “ nay.”
Senate.
Mr. DU PONT (when Mr. R ich ard so n ’ s name was called ).
Mr. LODGE. And the amendment concurred in?
My colleague [Mr. R ic h a r d so n ] is absent from the city. He
The PR E SID E N T pro tempore. Not as yet. The amend
lias a general pair with the junior Senator from South Carolina ment proposed by the Senator from Nevada w ill be stated.
[Mr. S m i t h ]. I f he were present and free to vote, my col
The S e c r e t a r y . It is proposed to add to the bill the follow
league would vote “ yea.”
ing section :
Mr. SANDERS (when his name was called ). I have a pair
That the revenue derived from the special excise tax imposed by the
with the junior Senator from Indiana [Mr. K e r n ]. I transfer act entitled “ An act to extend the special excise tax now levied with
respect to doing business by corporations to persons and to provide
Day pair to the Senator from Pennsylvania [Mr. O l iver ] and revenue for the Government by levying a special excise tax^w ith re
w ill vote. I vote “ yea.”
spect to doing business by individuals and copartnerships ” shall con
Mr. SM ITH o f South Carolina (when his name was called ). stitute a special fund in the Treasury to be applied to making up any
deficit in existing revenue caused by a reduction of customs duties, and
I have a general pair with the Senator from Delaware [Mr. any surplus derived from such excise tax above the amount necessary
R ich a r d so n ]. I transfer that pair to the Senator from Maine to make up such deficit shall be reserved and applied to the regulation
of the navigable rivers, including the prevention of and protection
[Mr. G ardner ] and w ill vote. I vote “ nay.”
against floods, and the improvement of post and interstate roads in
Mr. W ATSON (when his name w as called ). I have a general cooperation with the States.
Pair with the senior Senator from New Jersey [Mr. B riggs ].
The PRE SID EN T pro tempore. I f there be no objection, the
However, under the transfer as stated by the Senator from Con
necticut [Mr. B randegee ], I am at liberty to vote. I vote amendment made as in Committee o f the W hole w ill be con
curred in in the Senate. The Chair hears none.
“ nay.”
Mr. BACON. I understand if the amendment is concurred in
Mr. W ETM O RE (when his name w as called ). I have a gen
eral pair with the senior Senator from Arkansas [Mr. C l a r k e ]. that that w ill practically cut off amendments to that amend
ment.
I f I were at liberty to vote, I should vote “ yea.”
The PR E SID E N T pro tempore. The Chair would not think so.
I desire also to state that my colleague [Mr. L ip p it t ] is un
Mr. BACON. There is no objection to that, if the Chair w ill
avoidably detained from the Senate and is paired. I f he were
so rule.
present, my colleague would vote “ yea.”
The PRE SID EN T pro tempore. The Chair w ill hold that any
The roll call was concluded.
amendment to the substitute w ill be in order in the Senate.
Mr. CR AW FO RD . I desire to state that my colleague [Mr.
The question is upon the amendment submitted by the Sen
G a m b l e ] is necessarily absent. He is paired with the Sen
ator from Oklahoma [Mr. G ore ]. I f present, my colleague ator from Nevada.
Mr. NEWLANDS. Sir. President, my understanding is that
Would vote “ yea.”
Mr. McCUMBER. I w ill transfer my pair with the senior the bills which have heretofore passed the other House reducing
Senator from Mississippi [Mr. P e r c y ] to the senior Senator customs duties, outside o f the sugar bill, w ill produce a deficit
in the revenue o f about $16,000,000. I understand that whilst
from Minnesota [Mr. N e l so n ] and w ill vote. I vote “ yea.”
Mr. W AR REN . My colleague [Mr. C l a r k o f W yom ing] is the free-sugar bill as it passed the House makes a reduction o f
absent from the Senate and is paired with the Senator from about $53,000,000 more, that the reduction caused by the Lodge
substitute, which will probably pass the Senate, w ill be about
Missouri [Mr. S tone ].
Mr. REED . Mr. President, I rise for the purpose o f making $1 6 ,0 0 0 ,0 0 0 . I ask the Senator from Massachusetts whether
the same announcement that has just been made by the Sen that is correct?
Mr. LODGE. That this bill w ill do that?
ator from W yom ing [Mr. W ar r e n ], that my colleague [Mr.
Mr. NEW LANDS. So I understand.
S ton e ] is paired with the Senator from W yoming [Mr. C l a r k ].
Mr. LODGE. It is estimated that this bill, as it now stands,
Mr. SH IVELY . The senior Senator from Maryland [Mr.
R a y n e r ] is unavoidably absent from the city. He is paired would reduce the revenue about five and a h alf million dollars.
Mr. NEW LANDS. A ll these bills united, then, w ill reduce
with the junior Senator from Kentucky [Mr. B r ad l ey ]. I
am authorized to say that if the senior Senator from Maryland the revenue a little over $20,000,000. W e have passed an ex
cise tax bill which, if it becomes a law, w ill probably raise
W ere present, he would vote “ nay.”
9756
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
JULY
________________________________ ______ _____
27
'>
$60,000,000, and our purpose In passing that bill was to make up more than one-tenth o f the total domestic consumption is •
l1'
any deficit caused by a redhction in customs duties. The in ported from abroad. The purpose o f the amendment is to U
.°U
tention of the Democratic Party is to gradually transfer a por fine the reduction by a graduated scale only to duties that C '
in a greater or less degree prohibitory o f importations, and f , re
a
tion of the great burden o f taxation now imposed upon con
sumption to wealth, such transfer to be accomplished as the which no adequate revenue is at present derived. The inn- 10111
customs duties ate reduced. Thus as the burden on consump is to bring every item in our tariff law gradually to a rev«)0Se
U
tion is diminished the burden on wealth is to be increased. basis. It is not intended to prevent special legislation ,°U e
Naturally that will be a moderate and slow process, inasmuch gross abuses such as now exist with reference to the s, 011
.Sar
as the Democratic Party expects to continue to obtain a very tariff. We can legislate, as we are about to do, definitely 1
considerable portion o f the national revenue from customs specifically with reference to such excessive duties as
assumed the form o f an abuse o f the taxing power.
*
ilVe
duties.
This amendment, I admit, w ill not reach adequately
Mr. President, the situation then will be this: We will have a
revenue o f $60,000,000 from the excise tax to apply to a reduc extortionate duties as that imposed on sugar, but, on the o n '* 1
tion in customs duties o f a little over $20,000,000. The purpose hand, it does not prevent action upon such extortionate dut'
'
o f my amendment is to guard against employing that money in Cotemporaneous with the reduction which will take place unT*4
mere administration, in enlarging the expenses o f administra this amendment, action can be taken by Congress upon e.
tion, in, perhaps, wasteful administration. The purpose is to one o f the great abuses that now exist under the tariff a°^
create in the Treasury a fund so that this money derived from an’d meanwhile, if such action is not taken, such excessive ac*’
wealth shall be applied either to a reduction o f customs duties extortionate duties will be at least reduced within the period 11(1
or to the permanently substantial and constructive work o f the five years 30 per cent by the action o f this amendment.
Mr. President, the reason I urge this amendment now is i
Nation.
We shall need additional moneys for the constructive work cause it is probable that the only revenue bill that will
upon which the Government is about to enter. Public opinion at this session of Congress and be signed is the one now pm'T
is now formed with reference to the development o f our water ing. The President of the United States can not, in niy j U
(7j'
ways as instrumentalities o f commerce and not as mere instru ment, refuse to sign a bill which reduces a duty o f nearly loo r)
mentalities for the waste o f public money. Public opinion is cent only a moderate amount. It is extremely probable tli t
demanding continuous work, speedy work, and a large fund for all the other bills which we will pass will be vetoed, in
+
that purpose— at least $50,000,000 annually for the next 10 event, if this bill passes and is signed by the President, accoi
years. Public opinion has also determined upon taking the panying it should go this amendment making a gradual a, ■
,
public buildings out o f the spoils system and putting them upon substantial reduction in the tariff during the next five ye-i
the merit system as our civil service has been.
and operating automatically without further legislation.
ars
In addition to river development, public opinion is demanding
I have already suggested, Mr. President, that after four ve*i».
the expenditure by the National Government o f a considerable of tariff discussion, after all the parties have declared tliei
portion of the public funds in post and interstate roads in co selves for tariff reduction, after each party to legislation tl
operation with the States. Doubtless before long a bureau of House, the Senate, and the President, has declared in favor *f
architecture or a board of public works will be organized which, reduction, we are about to adjourn without any substantial re
under the advice and with the aid o f the best architects, artists, duction in tariff duties. I can imagine no more lamentable jlv!
engineers, and constructors o f the country, will enter upon a dictment of representative government than such a contingency
scheme of public buildings adapted to the use and the neces We can not wonder that the people will lose confidence in their
sities of the public in the various localities, and doubtless that Representatives if they ascertain that the three parties en
work will he conducted continuously and without the spasmodic titled to participate in legislation, all agreeing that some reduc
breaks in legislation of which we have had experience in the tion should be made, are unable to agree upon any reduction •
past. There will be ample need, therefore, o f taxing wealth in and so far as I am concerned, I am not ready to stand in flint
order to take care o f this constructive work, apart from any position before the people of the United States without protest
This amendment is objected to by some on this side of the
question o f supplying any deficit in the revenue caused by a
reduction o f customs duties. We will find that the wealth of House because it was what I have termed a “ brake.” Some Sen
the country will be less disposed to resist placing an additional ators on this side have indicated to me that they would sustain
burden upon them if they find that the money derived from the the amendment if I would take off this brake. In other words
tax is to be applied to some substantial and useful purpose. So, they want an absolute reduction o f 30 per cent provided for’
Mr. President, in view o f these facts, I ask for the adoption of i without guarding against any contingency o f large importations
which may endanger American industries. Let me say to them
the amendment, and I call for the yeas and nays upon it.
The PRESIDENT pro tempore. The question is upon agree that they are more scrupulous, in my judgment, than the great
ing to the amendment o f the Senator from Nevada, upon which party assembled at Baltimore was, for that party has declared
that this reduction toward an ultimate tariff for revenue will
he demands the yeas and nays.
be accomplished without injury to or destruction o f any legiti
The yeas and nays were not ordered.
mate American industry.
The amendment was rejected.
Now, will such injury and destruction come? None will com
e
Mr. NEWLANDS. Mr. President, I offer another amend
except through excessive importations— through a flood of im
ment.
portations.
The PRESIDENT pro tempore. The Senator from Nevada
Many o f us believe that the fear o f these importations is an
offers an amendment, which will be stated.
The S ecretary . At the end o f the bill it is proposed to add exaggerated one. I believe it i s ; but there is no question about
it that in previous elections the imagination o f the voters has
the fo llo w in g :
been impressed by the fear o f radical tariff reduction, and the
That on the 1st day of January, 1013, a reduction of 10 per cent shall
vast body of the employees in the protected industries, naturally
he made In the duties now imposed by law on articles imported into
the United States from foreign countries, and that on the 1st day of affiliated with the Democracy in sympathy, have been persuaded
January of each year thereafter for the period of four years a further by their employers to vote against the Democratic ticket and
reduction of 5 per cent shall be made on such duties until a total re
duction of 30 per cent in such duties shall be m ade: Provided, however, for the Republican ticket by reason of such alarm.
That such reductions shall not apply to duties on articles which have
Then, again, it will be impossible to get any Republican sup
been specifically fixed by law at this session of Congress or shall be port for this amendment unless such a brake is applied, for
hereafter specifically fixed by law : And provided further, That such
reductions shall not apply to duties on articles the importations of Republican support is necessary to pass it, and the Republican
which during the previous fiscal year have equaled one-tenth of the stands for protection. He stands candidly for the protection of
production of similar articles in the United States.
American industries. Whilst some, and perhaps all of them
Mr. BRISTOW. Mr. President-----desire a reduction in the tariff, they want to stop short of the
The PRESIDENT pro tempore. Does the Senator from point where such a reduction will imperil or destroy an Ameri
Nevada yield to the Senator from Kansas?
can industry. And so I found upon inquiry amongst my Re
Mr. NEWLANDS. Certainly.
publican friends that they will not support an amendment mak
Mr. BRISTOW. I suggest to the Senator that, since we will ing a gradual reduction unless it also provides that where you
import about two and one-half million tons o f sugar and only reach the importing level, when the duty is changed from a pro
produce about 800,000 tons, his amendment is wholly inap hibitory or a highly protective duty into a revenue duty, at that
point the reduction shall cease until at least the judgment of
plicable to this bill.
Mr. CLAPP. The provisions of the amendment o f the Sen Congress shall be taken upon the subject. It seems to me
ator from Nevada do not apply to any duties fixed at this judging from their standpoint, that that is a rational demand!
session.
So we find that Republican principles require such a brake
Mr. NEWLANDS. O f course, Mr. President, this amendment and the Democratic platform in its platform declaration justi
will not apply to sugar, because sugar is an article o f which fies it. This brake is not an indorsement of the protective prin-
1912
C N R
O G ESSIO AL R C R —SEN
N
EOD
ATE
ciple by Democrats. It is simply a recognition o f tlie fact which
our platform recognizes that the industries o f the country have
unfortunately become adjusted to a high protective tariff, and
that in the process o f readjustment we should be so moderate
in our movements as not to destroy or impair the industries
that are the creation o f years, that have been built up upon the
faith o f the existing law, for which Congress is responsible and
for which the people themselves are responsible, and that what. ever may have been the exactions, whatever may have been the
oppressions under the law, no vindictive, no compensatory
action for past wrongs is justified.
Mr. President, I hope that this amendment w ill receive the
support o f the Senate.
Mr. CLAPP. Mr. President, I know the hour is late, and the
Senate is impatient to have a vote upon this bill, but I am
going to put on the record o f the body a protest against the
prevailing method o f tariff revision, as I have often done be
fore, and as other Senators in their experience in the House
placed on the record theirs when they were Members o f that
body.
That the American people are agreed that we shall protect
our industries I think goes without saying, and whether you
call it a protective tariff or apply the appellation o f a revenue
tariff, it makes little difference, so long as it sufficiently pro
tects. I believe in calling it a protective tariff, for this reason :
I f a man stands for protection and goes too high, his motive
is readily detected, while if he stands assumedly for revenue
he may go higher than he ought to and there is no method o f
detecting Tiis motive. So, Mr. President, whether we call it a
protective tariff or a revenue tariff, in the last analysis the
subject reaches its settlement at the customhouse. The ques
tion o f how much importation, as against our own products,
must be finally settled by the result at the customhouse.
W hile the amendment o f the Senator from Nevada may not
have been worked out to its last analysis and refinement, I
believe it is a start in the right direction. I have taken his
amendment and gone over the subject until I am thoroughly
satisfied that if the amendment went into operation it could
at least do no harm to any' American industry.
Mr. President, there is another reason why I am going to
support the Senator's amendment.
I f it w ere not for the
misery that comes to this country from panics, it would be
utterly grotesque— the picture o f a great Nation like ours alter
nating from panic to monopoly and back from monopoly to panic
again through the radical changes to the extremes o f tariff.
The idea that w e must swing the pendulum ever so far one
way or the other as to produce a reaction w ill never bring
about that stability in the subject o f customs which ought to
be established finally in this country*, and established upon a
reasonable unit alone relieve us o f the effect o f going from
one extreme to the other.
I believe there is a great deal o f unnecessary hysteria over
this subject, and yet if hysteria produces on the one hand a
panic or on the other a reaction which carries protection to the
extreme o f monopoly again resulting in a reaction to the other
extreme, the fact o f the panic or the fact o f the monopoly is
just as absolutely a fact, although it is a psychological condi
tion or a condition o f hysteria which produces it.
Now, Mr. President, I believe and I claim no originality in
this suggestion; it was embodied in a bill offered in the House
some years ago by the Senator who now very ably represents
Michigan in this body, Mr. T o w n se n d , and by the senior Sena
tor from Washington, Mr. J ones , three years ago in the
Senate— I believe that sooner or later the American people are
going to force us to stop making light o f men and measures
because they may be novel or supported only by a few, and will
compel Congress to adopt a system o f dealing with the tariff
that w ill relieve it from this extreme o f high tariff, then a
reaction in favor o f low tariff to the point o f business depres
sion, and then a swing upward again to monopoly.
W e have established an Interstate Commerce Commission.
O f course Congress can not delegate authority to fix rates, but
Congress can prescribe a rule for railroad rates, and authorize
a commission to ascertain the facts and apply the rule, and that
is the spirit o f our Interstate Commerce Commission and the
law under which it acts. There the rule is a shadowy offe.
rrhe rule is that the rale must be reasonable. It is difficult to
ascertain. It is difficult to lay down. It is difficult to define,
and it is somewhat shadowy, but answers the constitutional
requirement that Congress must lay down a rule for the comtulssion to act under.
I understake to say there is not a legal proposition involved
iu the creation o f a Tariff Commission and the establishment
by Congress o f a rule fo r tariffs, and leaving to that commission
the ascertainment o f the facts and the application o f the rule.
9757
That is not involved in that law under which we created an
Interstate Commerce Commission and laid down a rule for the
rate, and left it to the commission to ascertain the facts and
apply the rule. W hile it would require more care to fix the
rule, having regard to revenue and protection, yet the rule
itself could be more clearly defined in regard to tariff rates
than in regard to railroad rates.
I believe the time w ill come when the sentiment o f the Am eri
can people w ill drive Congress— if Congress can not go o f its
own motion— to that point where it will prescribe a rule for the
tariff, create a commission, and leave it to that commission to
ascertain and apply the rule.
That because the duty, for ftistance, upon mercerized cotton
or upon any particular article is too high or too low 90,000,000
people should be thrown into the hysteria o f a general tariff
revision is to my mind absolutely absurd. That is a question
which under this plan o f a commission and this plan o f a law
could be settled by that commission, while the other great
activities o f this country could go on ju st as to-day a railroad
rate from St. Paul to Spokane, for instance, can be settled and
the other transportation activities o f this country go on.
I believe that time is coming, and believing that the amend
ment o f the Senator from Nevada [Mr. N e w l a n d s ] is a step
in that direction, I for one shall most heartily and cheerfully
support it.
The PRE SID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Nevada.
Mr. NEWLANDS. On that I ask for the yeas and nays.
The yeas and nays were not ordered, and the Chair declared
the amendment rejected.
Mr. SIMMONS obtained the floor.
Mr. NEWLANDS. Some Senators around me doubt whether
there were not sufficient hands up.
The PRE SID EN T pro tempore. The Chair w ill again ask
those in favor o f ordering the yeas and nays to raise their
hands. [A fter a count.] Nine have seconded the demand for
the yeas and nays.
Mr. HITCHCOCK. There are Senators here seconding i t
The PRE SID E N T pro tempore. Not one-fifth.
Mr. LODGE. Not one-fifth, or anything like it.
The PRE SID EN T pro tempore. The amendment is rejected.
The Senator from North Carolina [Mr. S im m o n s ] w ill pro
ceed.
Mr. SIMMONS. By direction o f the minority members o f
the Committee on Finance, I offer the follow ing amendment as
a substitute.
■•. v
The PRE SID EN T pro tempore. The Senator from North
Carolina offers an amendment in the nature o f a substitute,
which w ill be stated.
The S ecketaby . It is proposed to strike out all after the en
acting clause and insert:
That on and after the day six months after the passage of this act
there shall be levied, collected, and paid the rates of duty which are
prescribed in the paragraphs o f this act upon the articles hereinafter
enumerated, when imported from any foreign country into the United
States, or into any of their possessions (except the Philippine Islands
and the islands Of Guam and T utuila), and the said paragraphs and
sections shall constitute and be a substitute for paragraphs 210 to 219,
inclusive, of section 1 of an act entitled “ An act to provide revenue,
equalize duties, and encourage the industries of the United States, and
for other purposes,” approved August 5, 1909.
1. Sugar, tank bottoms, sirups of cane juice, melada. concentrated
melada, concrete and concenti-ated molasses, testing by the polariscope
not above 75 degrees,, sixty-three one-hundredths of 1 cent per pound,
and for every additional degree shown by the polariscope test, twentyfour one-thousandths of 1 cent per pound additional, and fractions
of a degree in proportion; molasses testing not above 40 degrees,
12 per cent ad valorem ; testing above 40 degrees and not above 50 de
grees, 1.8 cents per gallon ; testing above 50 degrees, 3.0 cents per gal
lo n ; sugar drainings and sugar sweepings shall be subject to duty as
molasses or sugar, as the case may be, according to the polariscope
t e s t : Provided, That sugar imported from the Republic of Cuba, being
a product of the soil or industry of the Republic of Cuba, shall be ad
mitted into the United States at a reduction of duty equal to 20 per
cent of the rate of duty hereinbefore provided for.
2 Maple sugar and maple sirup, 2.6 cents_ per pound; glucose or
grape sugar, 1 cent per pound ; sugar cane in its natural state, or un
manufactured, 17 per cent ad valorem.
3. Saccharine, 65 cents per pound.
4. Sugar candy and all confectionery not specially provided for in
this act. or in the first section of the act cited for amendment, valued
at 15 cents per pound or less, and sugars after being refined when
i
tinctured, colored, or in any way adulterated, 2.6 cents per pound and /
10 per cent ad valorem ; valued at more than 15 cents per pound 33% /
per cent ad valorem. The weight and the value of the immediate cover- /
togs, other than the outer packing case or .other coverings, shall be I n /
eluded in the dutiable weight and the value of the merchandise.
/
The PRE SID EN T pro tempore. The question Is on agreeing
to the amendment iu the nature o f a substitute offered by the
Senator from North Carolina [Mr. S im m o n s ].
Mr. SIMMONS. Mr. President, I desire simply to say that
the substitute which I have offered on tlip p a rt’o f the m inority
members o f the Finance Committee upon an ad valorem basis
reduces the present duty upon sugar 33£ per cent. The amount
9758
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
o f money which w ill be saved by the taxpayers if this amend
ment is adopted, upon the basis o f the importations o f 1910,
according to a statement furnished the minority members o f the
committee by an expert in the Treasury Department, will be
$17,292,945.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment in the nature of a substitute offered by the
Senator from North Carolina [Mr. S im m o n s ].
Mr. SIMMONS. On that I demand the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BAILEY (when his name was called). I am paired with
the Senator from Montana [M i* D ix o n ] and withhold my vote.
Mr. BURNHAM (when his name was called). I withhold my
vote because of a pair with the junior Senator from Maryland
[Mr. S m it h ].
Mr. CHAMBERLAIN (when his name was called). I have
a general pair with the junior Senator from Pennsylvania [Mr.
O liver ]. I transfer it to the junior Senator from Indiana
[Mr. K ern ] and will vote. I vote “ yea.”
Mr. W ARREN (when the name o f Mr. C l ark of Wyoming
was called). I again announce the pair of my colleague [Mr.
C l a r k ] with the Senator from Missouri [Mr. S tone ].
Mr. CULLOM (when has name was called). I have a general
pair with the junior Senator from West Virginia [Mr. C h il
to n ],
I f he were present and I was allowed to vote, I should
vote “ nay.”
Mr. DILLINGHAM (when his name was called). I transfer
my general pair with the senior Senator from South Carolina
[Mr. T il l m a n ] to the junior Senator from Iowa [Mr. K e n y o n ]
and will vote. I vote “ nay.”
Mr. CRAW FORD (when Mr. G a m ble ’ s name was called). I
again announce the pair o f my colleague [Mr. G a m ble ] with
the Senator from Oklahoma [Mr. G ore] and will allow this
announcement to stand during the other roll calls on this bill.
Mr. CUMMINS (when Mr. K e n yo n ’ s name was called). My
colleague [Mr. K en y o n ] is absent from the city and under the
transfer just made he is paired with the senior Senator from
South Carolina [Mr. T il l m a n ]. I f my colleague were present,
he would vote “ nay.”
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
P ercy ], and transfer it to the senior Senator from Minnesota
[Mr. N elson ] and will vote. I vote “ nay.”
Mr. PAYNTER (when his name was called). I have a
general pair with the Senator from Colorado [Mr. Guggen
h e im ]. He is absent. I f he were present, he would vote “ nay ”
and I should vote “ yea.”
Mr. W ILLIAM S (when Mr. P ercy ’ s name was called). My
colleague [Mr. P ercy ] is necessarily absent on business. He
is paired, but if he were present he would vote “ yea.”
Mr, SANDERS (when his name was called). I have a pair
with the Senator from Indiana [Mr. K ern ], I transfer it to
the junior Senator from Pennsylvania [Mr. O liver ] and will
vote. I vote “ nay.”
Mr. SMITH o f South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware [Mr.
R ich ard so n ], I transfer it to the Senator from Maine [Mr.
G ardner ] and will vote. I vote “ yea.”
Mr. WATSON (when his name was called). I again an
nounce the transfer that I did on the previous vote, and I will
vote. I vote “ yea.”
Mr. W ETMORE (when his name was called). I make the
same announcement that I did on the previous vote in regard
to my colleague and myself. I f I were at liberty to vote, I
should vote “ nay,” and if my colleague were present and free
to vote, he would vote “ nay.”
The roll call was concluded.
Mr. REED. I desire to announce the pair o f my colleague
[Mr. S tone ] with the Senator from Wyoming [Mr. C l a r k ].
I will state that the Senator from Missouri is necessarily absent
from the city.
Mr. CULBERSON. The Senator from Delaware [Mr. du
T ont ] with whom I have a pair not having voted, I withhold
my vote.
Mr. BRANDEGEE. H ow am I recorded, Mr. President?
The PRESIDENT pro tempore. The Senator from Connecti
cut is recorded in the negative.
Mr. BRANDEGEE. I have a pair with the junior Senator
from New York [Mr. O ’G o rm an ]. I make the same announce
ment that I did on the last roll call with respect to the transfer
o f that pair, and will let my vote stand.
Mr. BRADLEY. I again announce my pair with the Senator
from Maryland [Mr. R a y n e r ] and withhold my vote. I would
vote “ nay,” if it were not for the pair.
J uly 27
Mr. CHAMBERLAIN. I again announce that the senior <4
ator from Oklahoma [Mr. O w e n ] is paired with the sen?1'
1
Senator from Nebraska [Mr. B r o w n ]. I f the Senator f ro° r
Oklahoma were present, he would vote “ yea.”
hi
The result was announced— yeas 24, nays 36, as follows •
Ashurst
Bacon
Bankhead
Bryan
Chamberlain
Fletcher '
Y E A S — 24.
Hitchcock
Newlands
Johnson, Me.
Overman
Johnston, Ala.
Pomerene
Martin, Va.
Reed
Martine, N. J.
Shively
Myers
Simmons
Borah
Bourne
Brandegee
Bristow
Burton
Catron
Clapp
Crane
Crawford
Cummins
Dillingham
Fall
Foster
Gallinger
Gronna
Heyburn
Jones
La Follette
Bailey
Bradley
Briggs
Brown
Burnham
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
NOT VOTING— 34.
Cullom
Kenyon
Kern
Curtis
Davis
Lea
Dixon
Lippitt
Nelson
du Pont
O’Gorman
Gamble
Gardner
Oliver
Owen
Gore
Guggenheim
Paynter
N AYS— 36.
Lodge
McCumber
McLean
Massey
Page
Penrose
Perkins
Poindexter
Root
Watson
Williams
Sanders
Smith, Mich
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Works
Percy
Rayner
Richardson
Smith, Md.
Stone
Tillman
Wetmore
So the substitute offered by M i'. S im m o n s was rejected: “
Mr. BRISTOW . I. .desire to ask permission to incorporate
in the R ecord some tables I quoted from dtlttBS^my remarks.
The PRESIDENT pro tempore.
Without obxcUon, that
order w ill be made.
Mr. McCUMBER. I offer an amendment to be inseH^q at
the end o f the bill.
The PRESIDENT pro tempore. The amendment w ill V
read.
The S ecretary . It is proposed to add at the end o f the bin
the follow ing:
That the act entitled “ An act to promote reciprocal trade relations
with the Dominion of Canada, and for other purposes,’ approved July
26, 1911. be, and the same is hereby, repealed : Provided. That from and
after the passage of this act there shall be a duty of .$2 per ton pai<j
on the paper described in section 2 of said act.
Mr. BACON. I desire to offer an amendment to the amend,
ment. I had no information that the matter was going to be
brought up and I have had no opportunity to prepare it. j
wish to offer the same amendment that I offered to a similar
amendment yesterday.
The PRESIDEN T pro tempore. The Senator from Georgia
offers an amendment to the amendment, which w ill be read.
The. S e c r e t a r y . Strike out the proviso o f the amendment
and in lieu in sert:
E xcep t so fa r as the sam e con cern the p rov ision s o f said act relating
to pulp w ood, w o o d pulp, o r p rin t paper.
Mr. BACON. Mr. President, I want to say one word about
this matter. I have heard some Senators on the other side of
the Chamber speak in regard to the reciprocity law as a great
menace to some o f the industries o f this country. I have heard
Senators speak most earnestly on that subject and advocate it
with all the eloquence and all the vehemence, I might say, 0f
manner which their sincerity and conviction would prompt, and
yet on yesterday, when the opportunity was offered to prac
tically do away with all the part of the reciprocity law which
did furnish such a menace, such Senators voted against the
amendment which would bring about that state o f affairs.
Mr. President, as I have understood it, the part o f the reci
procity bill which has excited the opposition o f Senators—and
I will be free to say that no one could criticize them for their
opposition to it from their point o f view and such dire and
injurious effect as they thought would result from the opera
tion of the law— the part o f the law, I repeat, which I have
understood was the part which furnished the menace which
excited their opposition was the part o f the law which, when
agreed to by Canada, if it should ever do so, would afford the
opportunity for the reciprocal interchange, according to the
terms o f that bill, o f the products o f Canada and the products
o f the United States. It lias been most earnestly and most elo
quently presented within the last few days that there was this
menace, which menace might be a reality at any time when
Canada should see fit to accede to our proposal for reciprocity;
a menace so grave and serious that we should hasten to repeal
the law.
Mr. President, I assume that the purpose of the amendment
offered by the Senator from North Dakota is to get rid o f that:
part of the reciprocity pact, if I may so call it, which would
1912.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
9761
the article to the Senate, in which there was a general assault gress, and I have the same confidence that unless that is done
upon the political institutions and form o f government of the it w ill not receive the support o f Congress. I f it is a matter
United States. That is not a little paper, but it is one o f the o f great, prime importance that the part o f the reciprocity law
principal papers in Canada.
which relates to the reciprocal interchange o f products shall be
There was a general assault upon our form o f Government, repealed and there is an opportunity to do it and Senators w ill
upon our method o f administration, drawing the contrast be not avail themselves o f that opportunity, upon whom rests the
tween the features o f this Government and the features o f the responsibility?
Government o f Great Britain which have been so closely copied
I want to say to Senators now that, unless we are disappointed
by (he Government o f Canada, and showing such an utterly as to the political control o f this country in the near future,
radical disagreement with the recognized ideas and policies o f in my opinion, the reciprocity law w ill be repealed by the next
our institutions that the idea which I had previously con Congress along the lines proposed by my amendment, and that
ceived along the same line before that as to the governmental Senators on the other side now’ have the opportunity to join in.
views and prejudices o f the people o f Canada w as largely ac I want to say that, so far as I am concerned—and I know I
centuated and intensified. Of course the utterances o f one echo the feelings o f a great many others— if Senators on the
newspaper could not alone influence my conclusions on so grave other side maintain their opposition to the repeal o f the
a subject, but my previous personal observations and inform a reciprocity law with the restriction wrhich is suggested by my
tion received through others caused me to recognize and be amendment, the time is not far awray, if our anticipations are
lieve the views expressed in that article reflected what are realized, when we intend to repeal it along those lines. I say
really the views o f the larger part o f the people o f Canada. If we intend to repeal it— I judge so from what Senators and
so, it is to our interest that they remain on the outside o f our Representatives hgvo- said to" me— and if we now give you an
northern boundary, and, so far as I am concerned, I hope they opportunity to 'join with us in accomplishing that result, and
w ill continue to be our good, friendly neighbors, and never a you wilUnot now accept it, the responsibility is upon y o u ; and
part o f us.
when it is-done hereafter by ourselves, when we have the powrer
I am satisfied, Mr. President, that the political education of. without your aid, you w ill have no part o f the credit for assist
that people has unfitted them as a people to come in and be a ing in doing it.
part o f this Government and to be in sympathy with and pro
The PRE SID EN T pro tempore. The question is on agreeing
motive o f the development o f our institutions under our pe to the amendment o f the Senator from Georgia [Mr. B a c o n J
culiar Government, founded upon the lines laid down in the to the amendment o f the Senator from North Dakota [Mr. McCumbek],
Constitution o f the United States.
I believe, Mr. President, that their differences with us on
The amendment to the amendment w as rejected.
those lines go to an extent that amount to a prejudice widely it
The PRE SID EN T pro tempore. The question recurs on the
would take generations ever to reconcile or to eradicate. For amendment submitted by the Senator from North Dakota.
that reason I hope never to see the day when Canada w ill be
Mr. W ILLIA M S. Let us have the yeas and jia#s;flpon that.
come a part o f the United States. Unless I should most radi
The PRE SID EN T pro f & t f f f o t v . The y ehtfjiu d nays are decally change my view, if the issue were raised and depended •manded. Is there a second?
upon my single" vote, she would certainly not be permitted to
Mr. BACON. Mr. President, is the bill in the Senate or as in
become a part o f our sisterhood o f States.
Committee o f the W hole?
But, Mr. President, to come immediately to the question o f
The PRE SID EN T pro tempore. The bill is in the Senate.
reciprocity, the question o f what we shall do to-day. The Sena
Mr. BACON. I f we are going to have the yeas and nays on
tor speaks in earnest terms o f the utmost importance that the the main amendment, I hope we may be allowed to have the yeas
reciprocity pact shall be abrogated so far as we are concerned; and nays on my amendment to the amendment o f the Senator
that our proposition for a reciprocity pact with Canada which from North Dakota.
has not been accepted should be recalled and the law upon
The PRE SID EN T pro tempore. The Senator from Georgia
which it is based should be repealed. I repeat, Mr. President, demands the yeas and nays on his amendment to the amend
that every part o f that proposed pact and every part o f that ment o f the Senator from North Dakota.
law which is so objectionable and distasteful to the people on
The yeas and nays w’ere ordered, and the Secretary proceeded
the northern border will be repealed if the amendment o f the to call the roll.
,m * * * *
,—
Senator from North Dakota is adopted with the amendment
Mr. BRAND EG EE (when his name was called). I again
announce my pair and withhold my vote.
which I have proposed to it.
The Senator says a provision repealing the reciprocity law
Mr. CULBERSON (when his name was called). In view
should be attached to every bill, but does the Senator wish to. o f my pair, which I have already announced, I withhold my
attach it in a way to accomplish no result, or does he wish vote.
Mr. DILLIN G H AM (when his name was called). I transfer
the accomplishment o f the great result o f the repeal o f that
law ? The Senator knows by the fact that such an amendment my pair with the senior Senator from South Carolina [Mr.
T i l l m a n ] to the junior Senator from Iowa [Mr. K e n y o n ] and
has been attached to a bill which has gone to the otliei House
and to which the House w ill not agree, th e Senatoi has e\ery w ill vote. I vote “ nay.”
Mr. CUMMINS (when Mr. K e n y ' o n ’ s name was called ). My
reason to know that so long as it stands in that shape, while
the Senate may put it on every bill it is not going to pass, and colleague [Mr. K e n y o n ] is absent. Through a transfer he is
the Senator has every reason to believe that if the amendment paired with the senior Senator from South Carolina [Mr. T i l l
repealing the reciprocity law is put on with the amendment m a n ] . I f my colleague were present and at liberty to vote,
which I have proposed— and such an amendment w ill accomplish he would vote “ nay.”
Mr. McCUMBER (when his name was called ). I again an
all that is desired in repealing the reciprocity law— it will pass
and be agreed to and become law. Now, what is the propel nounce my pair with the senior Senator from Mississippi [Mr.
course, if the repeal o f the reciprocity law is the leal puipose. P ercy'] and the transfer o f that pair to the senior Senator
from Minnesota [Mr. N e l s o n ] . I vote “ nay.”
Mr. McCUMBER. Mr. President-----Mr. SWANSON (.when the name o f Mr. M a r t i n o f Virginia
The PRE SID E N T pro tempore. Does the Senator from
was called). M y colleague [M r . M a r t i n ] has been called from
Georgia yield to the Senator from North Dakota?
the Senate by important matters. I f he were present, he would
Mr. BACON. I do.
Mr. McCUMBER. I f the Senator w ill allow me to ask a vote “ yea.”
Mr. PAYN TER (when his name was called ). I withhold
question, is there a greater probability o f the amendment pass
ing the House if it repeals all o f the reciprocity agreement, my vote because o f the absence o f the Senator from Colorado
[Mr. G u g g e n h e i m ] , with whom I have a general pair.
leaving (he duty on print paper at $3.75 per ton?
Mr. W ILLIA M S (when Mr. P ercy ’ s nam e was called ). My
Mr. BACON. Mr. President, I am not prepared to go into
colleage [Mr. P e r c y ] is necessarily absent and is paired. I f
details as to the rates o f duty upon print paper.
Mr. McCUMBER. But does not the Senator agree that if the my colleague were present, he would vote “ nay.”
Mr. SANDERS (when his name was called ). I transfer my
reciprocity law is repealed as a whole it reinstates the old duty
pair with the junior Senator from Indiana [Mr. K e r n ] to the
o f $3.75 per ton?
Mr. BACON. I mean to say that the Democrats are in favor junior Senator from Pennsylvania [Mr. O l i v e r ] and will vote.
’ote “ nay.”
o f tlie retention, for the present at least, subject to future I Y
Mr. SM ITH o f South Carolina (when his named was called ).
changes whenever it shall be shown that they a ie propei to be
made, o f that part o f the reciprocity law which relates to wood I again announce my pair w ith the Senator from Delaware [Mr.
pulp and print paper. I mean to say that if jo u w ill remove R i c h a r d s o n ] , which I transfer to the Senator from Maine [Mr.
that from the c o n le n tio n at the present time, I hate the utmost G a r d n e r ] and will vote. I vote “ yea.”
Mr. W ATSON (when his name was called). I transfer my
confidence that a provision repealing the other featuies o f the
reciprocity law can receive the support o f both branches o f Con general pair with the Senator from New Jersey [Mr. B riggs ]
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
9762
J u l y 27
to the senior Senator from Virginia [M r. M a r t in ] and w ill vote.
Mr. SM ITH o f Michigan, I again announce the absence 0f
the Senator from Kentucky [Mr. B radley ] and his pair with
I vote “ yea.”
The roll call was concluded.
the Senator from Maryland [Mr. R a y n e r ].
I f present, the
Mr. CHAMBERLAIN (after having voted in the affirmative). Senator from Kentucky would vote “ yea.”
Mr. SWANSON. My colleague [M r. M a r t in ] has been calle<
j
I have a general pair with the junior Senator from Pennsyl
vania [Mr. O liver ].
I transfer that to the Senator from from the Senate by very important- business. I f lie were pres
Indiana [Mr. K ern ] and allow my vote to stand. While I am ent, be would vote “ nay.” He is paired with tlie Senator f rom
on my feet I desire to make the same announcement as on New Jersey [Mr. B riggs ].
M i* REED. I desire to make the same announcenf
.
previous roll calls in reference to the pair o f the Senator from
Oklahoma [Mr. O w e n ] with the Senator from Nebraska [Mr reference to the absence o f my colleague, and the fact th^
is .paired that I heretofore made.
B r o w n ].
'
The result was announced— yeas 24, nays 31, as follows:
Mr. REED. I desire to announce the necessary absence of
my colleague [Mr. S tone ] and the fact that he is paired wit
Y E A S —24.
the Senator from Wyoming [Mr. C l a r k ].
/
Gallinger
McCumber
Smith, Mich
Gronna
Mr. WARREN. I again announce the unavoidable absence of
Massey
Smoot
Heyburn
Page
my colleague [Mr. C l a r k ] and his pair, as just stated b y ’ the
Stephenson
Johnson, Me.
Penrose
Thornton
Senator from Missouri, with the colleague o f the Senator/ from
Jones
Perkins
Townsend
La Follette
Sanders
Missouri [Mr. S tone ].
/
Warren
Mr. SM ITH o f Michigan. The junior Senator from Kentucky
N AY S— 31.
[Mr. B radley ] is unavoidably absent. He is paired vtith the Ashurst
Cummins
Myers
Simmons
Bacon
Senator from Maryland [Mr. R a y n e r ]. The Senator fnbm Ken
Fall
Newlands
Smith, Ariz
Bankhead
Overman
Fletcher
tucky requested me to announce that if he were present and not
Sutherland"
Bourne
Poindexter
Hitchcock
Swanson
paired he would vote “ nay.”
Bristow
Pomerene
Johnston, Ala.
Watson
Bryan
The result was announced— yeas 21, nays 34, as fo llo w s:
Reed
Lodge
W illiam s
Ashurst
Bacon
Bankhead
Chamberlain
Clapp
Fletcher
Borah
Bourne
Bristow
Bryan
Burton
Catron
Crane
Crawford
Cummins
Bailey
Bradley
Brandegee
Briggs
Brown
Burnham
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
Y E A S— 21.
Hitchcock
Poindexter
Pomerene
Johnston, Ala.
Reed
Martine, N. J.
Shively
Myers
Simmons
Newlands
Smith, Ariz.
Overman
N AYS— 34.
McCumber
Dillingham
McLean
Fall
Massey.
Foster
Page
Gallinger
Penrose
Gronna.
Perkins
Hey burn
Root
Johnson, Me.
Sanders
Jones
Smith, Mich.
Lodge
NOT VOTING— 39.
Cullom
Kern
Curtis
La Follette
Davis
Lea
Dixon
Lippitt
Du Pont
Martin, Va.
Gamble
Nelson
Gardner
O’Gorman
Gore
Oliver
Guggenheim
Owen
Kenyon
Paynter
Smith, Si C.
Swanson
Watson
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Williams
Percy
Rayner
Richardson
Smith, Ga.
Smith, Md.
Stone
Tillman
Wetmore
Works
So Mr. B acon ’ s amendment to Mr. M c C umber ’ s amendment
was rejected.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment submitted by the Senator from North Da
kota [Mr. M cCum ber ].
Mr. W ILLIAMS. Let us have the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CHAMBERLAIN (when his name was called). I desire
to announce again my pair with the junior Senator from Penn
sylvania [Mr. O liver ], which I transfer to the Senator from
Indiana [Mr. K ern ] and will vote. I vote “ nay.”
Mr. CULBERSON (when his name was called). In view of
my general pair with the Senator from Delaware [Mr. d u P ont ],
in his absence I withhold my vote. I wish this announcement
to stand for the day.
Mr. DILLINGHAM (when his name was called). In view of
my pair with the senior Senator from South Carolina [Mr.
T il l m a n ], I withhold my vote.
Mr. JOHNSON o f Maine (when Mr. G ardner ’ s name w as
called). My colleague [Mr. G ardner ] is necessarily absent
from tlie city. I f lie were present, be would vote “ yea.”
Mr. McCUMBER (when his name was called). I again an
nounce my pair, and transfer it to the senior Senator from Min
nesota [Mr. N elson ] and will vote. I vote “ yea.”
Mr. PAYNTER (when his name was called). I again with
hold my vote by reason o f my pair with the Senator from Colo
rado [Mr. G uggen heim ],
Mr. SANDERS (when his name was called). I transfer my
pair with the Senator from Indiana [Mr. K ern ] to the junior
Senator from Pennsylvania [Mr. O liver ] and will vote. I vote
“ yea.”
Mr. SM ITH o f South Carolina (when his name was called).
I announce my pair with the Senator from Delaware [Mr.
R ich ard so n ], and in his absence withhold my vote.
Mr. WATSON (when his name was called). Making the
same transfer as upon the previous vote, I vote “ nay.”
The roll call was concluded.
Chamberlain
Crawford
McLean
Martine, N. J.
Bailey
Bradley
Brandegee
Briggs
Brown
Burnham
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
NOT VOTING— 39.
Kenyon
Cullom
Kern
Curtis
Davis
Lea
Dillingham
Lippitt
Dixon
Martin, Va.
du Pont
Nelson
Gamble
O’Gorman
Gardner
Oliver
Gore
Owen
Guggenheim
Paynter
Root
Shively
Works
Percy
Rayner
Richardson
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Tillman
Wetmore
I
/
J
So Mr. M c Cum ber ’ s amendm ent w as rejected.T lie am endm ent w as ord ered to be engrossed and the bill t0
be read a th ird time.
Thefbill was read the third time.
Mr. BACON. Mr. President, I wish to say just one word
before the hill is put upon its passage. I f I had had the oppor
tunity in the parliamentary changes which have been pre
sented I should have voted for the House bill and would still
votq- for the House bill if given an opportunity to do so.
I voted for the amendment proposed by tl\e minority mein,
bqrs o f tlie Finance Committee, because it reduced tbe rate
below tbe present rate. I voted against tlie substitute pro
posed by the Senator from Massachusetts [Mr. L odge], because
while it reduced the rate o f duty it was not so low as the rate
in the bill for which it was proposed as a substitute.
I wish to say that now that the substitute o f the Senator
■from Massachusetts has been adopted over my vote to the
contrary, and stands in the place o f the House bill, and now
that the alternative is between voting for the bill as it has been
perfected by the adoption o f tbe Lodge substitute on tlie one
hand and the sugar duty o f the Payne-Aldrich Jaw on the
other hand, I shall vote for the bill as now amended by the
substitute, not because the rate o f duty provided therein is
satisfactory to me, hut because that rate is lower than the
rate in the existing law.
Mr. M ARTINE o f New Jersey. Air. President, I desire to
indorse the sentiment expressed by the Senator from Georgia
[Mr. B aco n ], I shall vote for the bill as a m akeshift; it is by
no means what I desire or that which I feel the American peo
ple have the right to expect.
The PRESIDENT pro tempore. The question is, Shall the
bill pass?
Mr. HEYBURN. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BRANDEGEE (when his name was called). I again an
nounce my pair with the junior Senator from New York [Mr.
O’ G o rm an ].
Mr. CHAMBERLAIN (when his name was called). I trans
fer my pair, as heretofore announced, and will vote. I vote
yea.”
Mr. DILLINGHAM (when his name was called). I transfer
the general pair I have with the senior Senator from South
Carolina [Mr. T il l m a n ] to the junior Senator from Iowa [Mr.
K en y o n ] and w ill vote. I vote “ yea.”
Mr. CUMMINS (when Mr. K en y o n ’ s name was called). My
colleague [Mr. K en y o n ] is necessarily absent. By transfer lie
stands paired with the Senator from South Carolina [Mr. T ill
m a n ].
I f my colleague were here and free to vote, he would
vote “ yea,”
CONGRESSIONAL RECORD— SENATE.
1912.
Sir. M cCU M BER (when his name w as called). I again an
nounce my pair and transfer it to the senior Senator from
Minnesota [Sir. N e l s o n ] and w ill vote. I vote “ yea.”
Sir. SW ANSON (when the name o f Sir. SI a b t i n o f Virginia
was called ). Sly colleague [Sir. SIa b t i n ] has been called away
from the Chamber on very important matters. He desired me to
say that if he were present he would vote “ yea,” giving as a
reason that this bill is a reduction on the present law.
Sir. PA Y N TE R (when his name was called ). I have a gen
eral pair with the Senator from Colorado [Sir. G u g g e n h e i m ] .
I f he were present, he would vote “ yea,” and I m yself feel at
liberty to vote. I vote “ yea.”
Sir. W ILLIASIS (when S ir. P e r c y ' s name w as called). I
again announce the necessary absence o f my colleague [Sir.
P e r c y ] , the fa ct that he is paired, and that i f he were present,
he would vote “ yea.”
Sir. SANDERS (when his name was called). I again an
nounce the transfer o f my pair, and I w ill vote. I vote “ yea.’
Sir. SM ITH o f South Carolina (when his name was called)
I again announce m y pair w ith the junior Senator from Dela
ware [Sir. R i c h a r d s o n ] , and I withhold my vote.
Sir. W ATSON (when his name was called). Upon this vote
I am reliably inform ed that the senior Senator from New Jersey
[Sir. B r ig g s ] would vote “ yea.” I therefore feel at liberty to
vote. I vote “ yea.”
The roll call w as concluded.
Sir. BRANDEGEE. I was requested to announce that the
junior Senator from New Hampshire [Sir. B u r n h a m ] stands
paired with the junior Senator from Slaryland [Sir. S m i t h ] .
I f the ju n ior Senator from New Hampshire were present and
at liberty to vote, he would vote “ yea.”
Sir. SM ITH o f Michigan. I make the same announcement
as on the previous vote in regard to the Senator from Ken
tucky [Sir. B r a d l e y ] . I f he were present he would vote “ yea.”
He is paired with the Senator from Maryland [Sir. R a y n e r ] ,
He is unavoidably detained from the Chamber.
Sir. REED. I desire to make the same announcement in ref
erence to the absence and the pair o f my colleague [Sir. S t o n e ]
that I have heretofore made.
Sir. LODGE. I (fesire to announce the pair o f the Senator
from Kansas fM L "'Curtis ] with the Senator from Arkansas
[Sir. DAvrtf] on this vote.
M k'% A R R E N . Sly colleague [Sir. C l a r k o f W yom ing] is
necessarily absent from the Chamber. He stands paired with
th e senior Senator from Slissouri [Sir. S t o n e ].
The result was announced— yeas 52, nays 3, as follow s:
Ashurst
Bacon
Bankhead
Borah
Bourne
Bristow
Bryan
Burton
Catron
Chamberlain
Clapp
Crane
Crawford
Foster
Bailey
Bradley
Brandegee
Briggs
Brown
Burnham
Chilton
Clark, W yo.
Clarke, Ark.
Culberson
Y E A S — 52.
Massey
Cummins
Myers
Dillingham
Newlands
Fall
Overman
Fletcher
Page
Gallinger
Paynter
Gronna
Penrose
•Hitchcock
Perkins
Jones
Poindexter
La Follette
Pomerene
Lodge
Reed
McCumber
Root
McLean
Martine, N. J.
Sanders
Ileyburn
Shively
Simmons
Smith, Ariz.
Smith, Mich.
Smoot
Swanson
Townsend
W arren
W atson
W illiam s
Works
Percy
Rayner
Richardson
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Tillman
Wetmore
Soothe bill was passed.
iyl
&
P
$
0
$
STREET R A I L W A Y IN
SO U TH H IL O , H A W A I I .
Mr. C i A F P . I entered yesterday a motion to reconsider the
votes by which the bill (H . R. 18041) granting a franchise for
the construction, maintenance, and operation o f a street railway
system in the district o f South Hilo, county o f Hawaii, Territory
o f Hawaii, w as ordered to a third reading and passed. The
bill has been returned from the House, and I ask for action on
the motion to reconsider.
The motion to reconsider was agreed to.
Mr. CLAPP. On page 3, line 1, after the word passengers,
I move to insert the word “ freight.”
The amendment was agreed to.
Mr. CLAPP. I ask that the bill be put on its passage.
The bill was ordered to a third reading, read the th iid time,
and passed.
LANDS IN
W Y O M IN G .
Mr. SMOOT submitted the follow ing report:
The committee o f conference on the disagreeing votes o f the
twro Houses on the amendments o f the House to the join t reso
lution (S. J. Res. 100) authorizing the Secretary o f the In
terior to permit the continuation o f coal-mining operations on
certain lands in Wyoming, having met, after full and free con
ference have agreed to recommend and do recommend to their
respective Houses as fo llo w s :
That the Senate recede from its disagreement to the amend
ments o f the House and agree to the same wT an amendment as
ith
follow s: Strike out o f the House amendment the words “ July
1, 1913,” and insert in lieu o f the w ords stricken out the words
“ otherwise provided by law ” ; and the House agree to the
same.
R eed S m o o t ,
C. D . Cl a r k ,
G eorge E . C h a m b e r l a i n ,
M a n a g e r s on th e p a r t o f th e S e n a te .
J o s e p h T . R o b in s o n ,
E d w a r d T . T ay ' l o r ,
F . W . M ondell,
M a n a g e r s o n th e p a r t o f th e H o u s e .
The report was agreed to.
TARIFF DUTIES ON WOOL.
Mr. SMOOT. I ask that there be printed for the use o f the
Senate document room 200 copies each o f the amendments
offered by the Senator from Pennsylvania [Mr. P e n r o s e ] , the
Senator from W isconsin [Mr. L a F o l l e t t e ] , and the Senator
from Massachusetts [Mr. L odge ] to the bill known as the w ool
bill. A t the document room there are no copies o f the amend
ments left, and there is no authority to print them, as they
were offered from the floor.
The PR E SID E N T pro tempore. W ithout objection, that order
w ill be made.
EXECU TIVE SE SSIO N .
Mr. LODGE. I move that the Senate proceed to the con
sideration o f executive business.
The motion w as agreed to, and the Senate proceeded to the
consideration o f executive business. A fter five minutes spent
in executive session the doors were reopened, and (a t 6 o’clock
and 12 minutes p. m .) the Senate adjourned until Monday,
July 29, 1912, at 12 o’clock m.
NOMINATIONS.
E x e c u t i v e n o m in a tio n s r e c e iv e d b y th e S e n a t e J u l y 2 7 ,1 9 1 2 .
C o ll ec to r
of
Custom s.
Dascar O. Newberry, o f North Carolina, to be collector o f cus
toms for the district o f Albemarle, in the State o f North Caro
lina. (Reappointment.)
P r o m o t io n
in
the
P u b l ic H e a l t h
S e r v ic e .
and
M a r i n e - H o s p it a l
Grover A. Kempf, o f Ohio, to be assistant surgeon in the
Public Health and Marine-Hospital Service o f the United States,
to take effect from date o f oath.
N A Y S — 3.
Thornton
NOT VOTING— 39.
Johnston, Ala.
Cullom
Kenyon
Curtis
Kern
Davis
Lea
Dixon
Lippitt
du Pont
Martin, Va.
Gamble
Nelson
Gardner
O’Gorman
Gore
Oliver
Guggenheim
Owen
Johnson, Me.
9763
, .U n i t e d S t a t e s D i s t r i c t J u d g e .
John M. Cheney, o f Florida, to be United States district
judge, southern district o f Florida, vice James W. Locke, re
signed.
A p p o in t m e n t s
in
the
A
rm y.
T o be s e c o n d lie u ten a n ts tc ith ra n k f r o m J u ly 2 2, 1 9 1 2 .
CAVALRY ARM.
Corpl. R oy Oscar Henry, Troop A, Eleventh Cavalry.
Pvt. W illiam Earle Dorman, Troop D, Fifteenth Cavalry.
Corpl. John Coleman Prince, Troop G, Eleventh Cavalry.
First Sergt. Lindsley Dykeman Beach, Troop O, Thirteenth
Cavalry.
FIELD ARTILLERY ARM.
Corpl. John Dilworth von Holtzendorff, Troop G, Eleventh
Cavalry.
INFANTRY ARM.
Sergt. Ralph Samuel Kimball, Company E, Fourth Infantry.
Corpl. Francis Bernard Mallon, Company I, Fifth Infantry.
Sergt. Lathrop Boyd Clapham, Company M, Twenty-ninth
Infantry.
Pvt. Carl James Adler, Company M, Twenty-ninth Infantry.
Corpl. Otto G odfrey Pitz, Battery F, Second Field Artillery.
Corpl. Theophilus Steele, Company G, Seventh Infantry.
- X
9764
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Quartermaster Sergt. Burton Young Bead, Troop F, Seventh
Cavalry.
Corpl. George Hubert Gardiner, Company B, Twenty-ninth
Infantry.
Corpl. Dabney Carter Rose, Fifteenth Recruit Company.
P romotions in the Navy .
Commander George R. Evans to be a captain in the Navy
from the 1st day o f July, 1912, to fill a vacancy.
Lieut. Julius F. Hellweg to be a lieutenant commander in the
Navy from the 10th day of May, 1912, to fill a vacancy.
Lieut. (Junior Grade) John S. McCain to be a lieutenant in
the Navy from the 1st day of July, 1912, to fill a vacancy.
Midshipman Albert C. Roberts to be an ensign in the Navy
from the 8tli day o f June, 1912, in accordance with the provi
sions of an act o f Congress approved March 7, 1912.
P ostmasters.
OHIO.
James D. Carpenter to be postmaster at Lodi, Ohio, in nl
o f James D. Carpenter. Incumbent’s commission expired iGC
e
16, 1910.
J. W. McKee to be postmaster at Celina, Ohio, in n]ap
Charles' A. McKim. Incumbent’s commission expired Mnv °f
1912.
y *6,
OKLAHOMA.
Jasper P. Grady to be postmaster at Hartshorne, Okln
place o f Merrel L. Thompson, resigned.
’
v ‘ in
John L. Morgan to be postmaster at Waurika, Okla., ip nl
of John L. Morgan. Incumbent’s commission expired Ain-n C
e
1912.
.
1111 28,
Donald B. Munro to be postmaster at Frederick, Okln
place o f Frances K. Ahern. Incumbent’s commission evVi’ il1
February 17, 1912.
pired
OREGON.
ALASKA.
Augustus E. Kindell to be postmaster at Skagway, Alaska, in
place o f Augustus E. Kindell. Incumbent’s commission expired
May 20, 1912.
ILLINOIS.
Hugh P. Faught to be postmaster at Tower Hill, 111., in place
of Hugh P. Faught. Incumbent’s commission expired March
10, 1912.
Zeno J. Rives to be postmaster at Litchfield, 111., in place of
W illiam T. Thorp. Incumbent’s commission expired March 12,
1912.
LOUISIANA.
Mary G. Pearsall to be postmaster at Bogalusa, La., in place
of Mary G. Pearsall. Incumbent’s commission expired May 14,
1912.
MISSOURI.
Dwight L. Bishop to be postmaster at Garden City, Mo., in
place o f Dwight L. Bishop. Incumbent’s commission expired
March 10, 1912.
NEW MEXICO.
John Becker to be postmaster at Belen, N. Mex., in place of
John Becker. Admission of Territory as State.
Fred O. Blood to be postmaster at East Las Yegas, N. Mex.,
in place o f Fred O. Blood. Admission o f Territory as State.
George L. Bradford to be postmaster at Dawson, N. Mex., in
place o f George L. Bradford. Admission o f Territory as State.
George M. Chandler to be postmaster at Cimarron, N. Mex.,
in place o f George M. Chandler. Admission o f Territory as
State.
Louis Garcia to be postmaster at Springer, N. Mex., in place
o f Louis Garcia. Admission o f Territory as State.
Spence Hardie to be postmaster at Vaughn, N. Mex., in place
o f Spence Hardie. Admission o f Territory as State.
John M. Hawkins to be postmaster at Alamogordo, N. Mex.,
in place o f John M. Hawkins. Admission o f Territory as State.
Robert W. Hopkins to be postmaster at Albuquerque, N. Mex.,
in place o f Robert W. Hopkins. Admission o f Territory as
State.
Lucius E. Kittrell to be postmaster at Socorro, N. Mex., in
place of Lucius E. Kittrell. Admission o f Territory as State.
Ignacio Lopez to be postmaster at Las Yegas, N. Mex., in
place o f Ignacio Lopez. Admission o f Territory as State.
Joseph McQuillin to be postmaster at San Marcial, N. Mex.,
in place o f Joseph McQuillin. Admission o f Territory as State.
John S. Mactavisli to be postmaster at Magdalena, N. Mex.,
in place o f John S. Mactavisli. Admission o f Territory as
State.
I’ iedad Medina to be postmaster at Wagon Mound, N. Mex.,
in place o f Piedad Medina. Admission o f Territory as State.
O.
C. Officer to be postmaster at Raton, N. Mex., in place of
Frank A. Hill. Admission o f Territory as State.
J. P. Porter to be postmaster at Estancia, N. Mex., in place
of Nicholas D. Meyer. Admission o f Territory as State.
Arthur H. Rockafellow to be postmaster at Roswell, N. Mex.,
in place of Arthur II. Rockafellow. Admission of Territory as
State.
NORTH CAROLINA.
Estella Cameron to be postmaster at Rockingham, N. C., in
place o f Estella Cameron. Incumbent’s commission expired
February 13, 1911.
R oy C. Flanagan to be postmaster at Greenville, N. C., in
place o f Roy C. Flanagan. Incumbent’s commission expired
March 2, 1912.
John R. Joyce to be postmaster at Reidsville, N. C., in place
o f John R. Joyce. Incumbent’s commission expired January
28, 1912.
J uly 27
___
'}
Charles E. Culbertson to be postmaster at Clatskanie Or
in place o f Michor E. Page, resigned.
’ leS-,
PORTO RICO.
Alfredo Gimenez y Moreno to be postmaster at Bay an
P. R., in place o f Alfredo Gimenez y Moreno. Incumbent’ s (.'°n’
mission expired May 26, 1912.
0Ql'
Hortensia R. O’Neill to be postmaster at San German, p a
in place o f Hortensia It. O’Neill. Incumbent’s commission'
pired May 26, 1912.
"
ex*
Simon Semidei to be postmaster at Yauco, P. R., iu piaCG
Simon Semidei. Incumbent’s commission expired May 26,' IQ 1 2
SOUTH CAROLINA.
Walter E. James to be postmaster at Greer, S. C., in nlano „
Isham A. Mayfield, deceased.
1
CONFIRMATIONS.
E x e c u t i v e n o m in a tio n s con firm ed b y th e S e n a te J u ly 27,
P ostmasters.
ALABAMA.
Thomas J. Kennamer, Ensley.
John H. McEniry, Bessemer.
IOWA.
Louis F. Bousquet, Pella.
John M. Wormley, Kingsley.
KANSAS.
Henry S. Mueller, Sedgwick.
NEW HAMPSHIRE.
Lafely Leroy Blodgett, Lisbon.
NEW MEXICO.
John Becker, Belen.
Fred O. Blood, East Las Vegas.
George L. Bradford, Dawson.
George M. Chandler, Cimarron.
Louis Garcia, Springer.
Spence Hardie, Vaughn.
John M. Hawkins, Alamogordo.
Robert W. Hopkins, Albuquerque.
Lucius E. Kittrell, Socorro.
Ignacio Lopez, Las Vegas.
Joseph McQuillin, San Marcial.
John S. Mactavisli, Magdalena.
Piedad Medina, Wagon Mound.
O. C. Officer, Raton.
J. P. Porter, Estancia.
Arthur H. Rockafellow, Roswell.
NEW YORK.
David Akers, Hillburn.
Emily V. Auryansen, Sparkill.
Janet S. Green, Narrowsburg.
Louis M. Spaulding, Albion.
Francis Worden, Coxsackie.
W ITH D RAW AL.
E x e c u t i v e n o m in a tio n tv ith d ra w n J u ly 2 7,
P ostmaster.
WEST VIRGINIA.
M.
F. Kiger, Williamstown.
1912.
1912.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
fo r tlio entryman to pay, who would claim such a proceeding
would be right? I f such a precedent is to be followed, the cost
o f a project can be made so high that it would be an absolute
failure, so far as the entryman settling upon the land is con
cerned, and then, not only would the Government lose its
.$200,000, or whatever amount it may be, but it would lose all,
perhaps, that it had put in the project, or the difference between
the cost o f the project and the point to which the price was
lowered at least, to enable the entryman to locate upon the land.
In a case o f a $4,000,000 project the loss might be half a m il
lion dollars or even more. That is the trouble in passing this
b i l l ; not the $42,000 involved, but the precedent we are estab
lishing.
I understand the Senator from Idaho [Mr. B orah ] desires
to address the Senate a short time, and as we are to vote in a
few moments, I will yield to him.
Mr. BORAH. I do not care to interrupt the Senator.
Mr. NEW LANDS. Mr. President, if the Senator from Utah
w ill allow me, I wish to make one inquiry. Assuming that the
principle is now established that hereafter wherever a man
furnishes material and labor in connection with an irrigation
project he must be paid, as he ought to be paid, does not the
Senator think that the Reclamation Service, through precautions
with reference to the contractor’s bond, through seeing to it, as
the owner o f a piece o f property upon which buildings are being
constructed would see to it, that men furnishing material and
labor are paid before the Government payments ai’e made, can
hereafter properly guard against any such danger a's the Sena
tor anticipates?
Mr. SMOOT. N o; Mr. President-----Mr. NEW LANDS. Is it not the commonest thing in enter
prises involving the construction o f buildings in this country for
the employer to guard him self even against the contractor, and
to guard himself against the imposition o f mechanic’s liens and
liens for suppliers by withholding a certain amount o f money,
so that he can be assured before the enterprise is ended that
every claim is paid?
Mr. SMOOT. Mr. President, that would perhaps be the case
in constructing for the erection o f a building, but on the great
irrigation projects time checks are issued to men from all parts
o f the United States who carry those time checks from one
place to another, believing, o f course, that they are just as good
as the money and that they can get the money for them when
ever they wrant it. I know- o f railroad contracts where time
checks have bfeen issued and not paid for two or three years,
the parties simply holding them the same as they w-ould cash,
thinking perhaps they are a little safer than cash, and the same
thing is often true in the case o f a project o f this kind.
Mr. CH AM BERLAIN. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from Utah
yield to the Senator from Oregon?
Mr. SMOOT. I do.
Mr. CH AM BERLAIN. I w-ant to call the Senator’ s atten
tion to the fact that in some o f the States time checks, such as
those to which the Senator refers issued in payment o f m a
terial and labor, are made a preference lien against the railroad
company and take precedence over its bonds.
Mr SMOOT. I admit that, Mr. President, and so they w-ere
on Government projects, so far as the bondsmen o f contractors
w'ere concerned, up to 1905; but the Congress o f the United
States changed the law o f 1894 in 1905, and provided that they
should not be a lien in preference to the lien o f the Govern
ment o f the United States. I wish to say that I do not ap
prove o f the change in the law. I think the laboring man ought
to have the prior lien, and I think the law- o f 1894 was a better
law than the law o f 1905.
Mr. REED. Mr. President, if that is true then we can meet
the very difficulties which the Senator said w e could not meet
when he was discussing the proposition o f time checks being
carried around, and so forth.
Mr. SMOOT. That w-ould make no difference in this case.
Mr. BO RAH obtained the floor.
Mr. SH IVELY. Mr. President-----Mr. BORAH. I f the Senator from Indiana desires to ask a
question, I yield for a moment.
Mr SH IVELY. I merely wanted to ask whether there is any
dispute at all about the fact that the $42,000 involved in this
case went into the irrigation project?
Mr. SMOOT. There is no dispute on that question.
Mr. SH IVELY. It was furnished by the laborers and by
those who provided the supplies?
Mr. SMOOT. There is no dispute as to that.
Mr. SHIVELY. And they have never received anything fo r it?
Mr. SMOOT. The Government has paid the amount to the
contractor, but the people to whom it is due h a ie not lece iie d
payment.
9937
Mr. SHI VELY. They have never received any part o f it and
it is in the land to-day?
Mr. SMOOT. Y es; but if it is paid the second time, as pro
vided for in the bill, and charged to the land, it w ill be a double
charge upon the land.
Mr. BORAH. Mr. President, everyone agrees that there has
been a loss to the people who furnished supplies and labor for
this irrigation project, and everyone, so far as I know, agrees
that it is a great hardship for them to suffer tliis loss. In its
effect it comes not in the wray o f a general distribution or to
hundreds and hundreds o f settlers, or to thousands and thou
sands o f taxpayers, but it is gathered and concentrated and
falls with its entire effect and w-eight upon a few individuals
who are unable to sustain the loss. Recognizing the fact that a
loss has been sustained, everyone feels, it seems to me, that it
ought to be taken care o f ; but wre have not been able to agree
on just how- we should take care o f it. A bill was introduced
in the Senate and was referred to the Senate Committee on Irri
gation and Reclamation o f A rid Lands. That bill was re
ported by the committee and passed by the Senate. It went to
the House, where it was amended by the proper committee o f
the House, and as amended subsequently passed the House, and
came back to the Senate and was agreed to in the form in which
the House passed it. Had the bill passed as it w as first pre
sented to the Senate those who have been objecting to it in its
present form w-ould have been 'Satisfied, but it was changed to
satisfy those who had a different view. Betw-een these different
views, between these complicated propositions, the people who
expended their money, their time, and their labor are suffering
a loss which they can ill afford to stand and are not in a posi
tion to sustain.
Mr. President, they say that this burden w ill fall upon the
settler. It w ill not fall upon the settler w-ho has already made
his contract; he is exempt and secure; it could at most only
fall upon the man w-ho goes upon the project hereafter, and who
has full notice as to the value o f the land, w-ho knows w-hetlier
he can afford to take the land, who is advised as to its price,
and who takes the land w-ith his eyes open and with a full
understanding o f what it is to cost him. I submit to the
Senate, is it equitable to impose this entire loss upon these
people, w-hen the Government has received the benefit o f the
money, when some o f the landholders have received the benefit
o f it, w'hen the future landholders w ill receive the benefit o f it,
and when, in fact, everyone w ill receive a benefit, except those
w-ho have furnished it? Is it equitable to impose upon these
people this loss without any compensation whatever?
Again, if we do not desire to impose the burden o f the loss
upon this irrigation project, all w-e Lave to do is to pass a simple
bill relieving the project from the amount o f money. After w-e
have paid these people, w-e can follow this bill with another
bill relieving the project. Such a bill w ill be offered here, not
only with reference to this claim, but w-ith reference to other
claims, because in other cases costs have been incurred and ex
penditures have been made which ought not properly to fall
upon the settlers; but, Mr. President, let us do one thing, and
that is, as a Government, do justice to those who have furnished
the means by which the settler and the Government have been
benefited, and settle our difficulties hereafter in adjusting our
bills. I am in favor and propose shortly to urge a measure
which w-ill relieve all these projects from unjust expenditures.
The PRE SID EN T pro tempore (at 3 o’clock p. m .). The
hour has arrived at which the vote is to be taken under the
unanimous-consent agreement.
Mr. LODGE. I rise to a question o f order.
The PRE SID EN T pro tempore. The Senator from Massa
chusetts w-ill state his question o f order.
Mr. LODGE. I call attention to the fact that this is -a vote
requiring two-thirds majority, and that under the practice o f
the Senate, Senators voting in the negative, or voting to sus
tain the message, are entitled to double pairs. That w-as the
case in the veto message on the Fitz-John Porter bill and in
connection with President Arthur’s A-eto o f the river and harbor
bill. There ha\-e been cases, like the pension vetoes, during the
administration o f President Cle\mland, Avhere it was all one
way and no point was made, but it has been the universal prac
tice in regard to treaties, and I merely call attention to that
fact before Senators vote. A Senator paired in the negative
has a right to a double pair.
Mr. CUMMINS. I rise to a point o f order also.
The PRE SID EN T pro tempore.. The Senator from Iow-a w ill
state his point o f order.
Mr. CUMMINS. It is that the Senate has nothing to do with
pairs. There is no rule Avhicli governs pairs, and therefore the
subject is one that must be dealt Avith by individual Senators
according to their ow-n judgment o f the case.
RECORD— SENATE.
9938
J uly
31.
\[r. LODGE. Tlmt is quite tru e; but I wished to call the
__
attention o f individual Senators to the^ universal practice. ^
3 ft
A
rT
1
-
Mr. REED (when Mr. S tone ’ s mime was called). My col
league [Air. S tone ] is necessarily absent, and is paired with the
• a «% tor from Wyoming [Mr. C l a r k ].
cokr'ett tTTN £ ,W yom in g -— veto message .
ne
[r. SUTHERLAND (when his name was called). I have a
The PRESIDEN T pro tempore. Mornin
■ w ith the Senator from Maryland [M r. R a y n e r ], but under
Mr. MYERS. Mr. President, I ask that Senate hill 4SG2 and
arrangement which I have with that Senator, I am at lip.
the President’s veto thereof be now laid before the Senate for
r to vote on questions o f this kind, where a two-thirds vote
consideration.
equired, when I vote in the negative, unless I am furnished
There being no objection, the Senate resumed consideration
h an additional pair. Not having been furnished with an
o f the bill (S. 4862) for the relief o f certain persons having
itional pair, I am at liberty to vote. I vote “ nay.”
supplied labor and materials for the prosecution of the work
WATSON (when his name was called). I have a genj| of constructing the Corbett Tunnel o f the Shoshone irrigation
l
pair with the senior Senator from New Jersey [jyj,.'
kl project, returned by the President o f the United States with his
Gas]. I transfer it to the senior Senator from Maryland
v. objections thereto.
“ yea.”
r. R a y n e r;] and Avill vote, l vote " y
]
w ill vote. I
4!o pair with mm r
,
Air. WETAIORE (when his name was called). I have a gen
Mr. LODGE. Under the practice o f the Senate, if he do
not have a double pair, he is at liberty to
tlie eral pair with the senior Senator from Arkansas [Air. Clarke ]'
I therefore withhold my vote. I f I were at liberty to vote, I
The PRESIDEN T ih'o -tempm'-** The question is, Slia
should vote “ nay.”
bill pass?
.
The roll call was concluded.
Air. BURNHAAI. I have a pair with the junior Senator from
to order.
Air AlYEliS I suggest the absence o f a quoiimo.
Maryland [Air. S m it h ]. In his absence I withhold m y vote.
T e PRESIDENT pro tempore. Tile absence of a quorum I f at liberty to vote, I should vote “ nay.”
1
havlus S V n lg M le ? : tie Secretary will call the roll.
Air. DILLINGHAAI. I have a general pair with the senior
The Secretary called the roll, and the following Sen;
Senator from South Carolina [Air. T il l m a n ], which I transfer
answered to their nam es:
to the senior Senator from South Dakota [Air. G a m bl e ]
will vote. I vote “ nay.”
du Pont
Martin, Va.
Simmons
Ashurst
Fall
Martine, N. J.
Smith, Ga.
Bacon
Air. WATSON. I desire to announce the necessary absence
Fletcher
Massey
Smith, Mich.
Borah
of my colleague [Air. C h il t o n ]. He is paired, as stated, with
Gallinger
Myers
Smith, S. C.
Bourne
the Senator from Illinois [Air. C u llo m ], I f present, my col
Nelson
Gronna
Smoot
Bradley
Guggenheim
Newlands
Sutherland
Brandegeo
league would vote “ yea.”
Overman
Swanson
Heyburn
Bristow
Air. M ARTIN E o f New Jersey. I announce a pair between
Thornton
Page
Hitchcock
Bryan
the Senator from Arkansas [Air. D avis] and th e- Senator from
Penrose
Townsend
Johnson, Ale.
Burton
Perkins
Warren
Johnston, Ala.
Catron
Kansas [Air. Curtis ]. This is for the day.
Chamberlain
Clapp
Crane
Culberson
Cullom
Cummins
Jones
Kenyon
Kern
La Follette
Lippi tt
Lodge
Poindexter
Pomerene
Reed
Root
Sanders
Shively
Watson
Wetmore
Williams
Works
The PRESIDEN T pro tempore.
Sixty-two Senators have
answered to their names. A quorum is present. The roll will
be called.
The Secretary proceedetTTd call the roll.
Mr. BRANDEGEE (when his name was called). I have a
general pair with the junior Senator from New York [Mr.
O’Gorman ]. He went away a few days ago,.and I told him that
he could rely on me to protect him. I certainly did not antici
pate this situation, where I should be held by only one Senator
when I was entitled to two on this occasion, where it requires
a twT
o-thirds vote. I do not know what entered into the other
Senator’s mind, but inasmuch as I have not notified him that
he must come here and protect himself, I do not feel at liberty
to vote. I therefore withhold my vote and protect my pair.
Mr. CHAMBERLAIN (when his name was called). I have
a general pair with the junior Senator from Pennsylvania [Mr.
O liver ]. I transfer it to the junior Senator from Maine [Mr.
G ardner ] and w ill vote. I vote “ yea.”
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from West ATrginia [Mr. C h i l
to n ].
I f he were present, I should vote “ nay.”
Mr. GUGGENHEIM (when his name was called). I have a
general pair with the senior Senator from Kentucky [Mr.
P ayn t e r ], who is unavoidably detained, and therefore with
hold my vote.
Mr. L IP P IT T (when his name was called). I have h pair
with the senior Senator from Tennessee [Mr. L ea ], and in his
absence, not having notified him o f a situation like this coming
up, I feel that I should protect him, and therefore withhold
my vote.
Mr. CHAM BERLAIN (when Mr. O w e n ’ s name was called).
I have been requested to announce that the Senator from Okla
homa [Mr. O w e n ] is paired with the senior Senator from
Nebraska [Mr. B r o w n ], I desire this announcement to stand
for the day.
Mr. W ILLIAM S (when Mr. P ercy ’ s name was called). My
colleague [Mr. P ercy ] is absent upon important business, and
is paired with the Senator from North Dakota [Mr. M cC um ber ].
Air. D U PONT (when Air. R ich ardson ’ s name was called).
Aly colleague [Air. R ich ardson ] is out o f the city. He is
paired with the junior Senator from South Carolina [Air.
S m i t h ]. I f present, my colleague would vote “ nay.”
Air. SAIITH o f South Carolina (when his name was called).
I have a pair with the Senator from Delaware [Mr. R ich ard
s o n ], and in view of the statement made by his colleague [Air.
du P o n t ] I withhold m y vote.
Were I at liberty, I should
vote “ yea.”
Tlie vote resulted— yeas 42, nays 17, as follow s:
Ashurst
Bacon
Bankhead
Borah
Bourne
Bristow
Bryan
Catron
Chamberlain
Clapp
Culberson
Y EAS— 42.
La Follette
Cummins
Martin, Va.
Fall
Fletcher
Martine, N. J.
Gronna
Massey
Heyburn
Myers
Hitchcock
Newlands
Johnson, Me.
Overman
Poindexter
Johnston, Ala.
Jones
Pomerene
Kenyon
Reed
Kern
Shively
Bradley
Burton
Crane
Dillingham
du Pont
Gallinger
Lodge
Nelson
Page
Penrose
Bailey
Brandegee
Briggs
Brown
Burnham
Chilton
Clark, Wyo.
Clarke, Ark.
Crawford
NOT VOTING— 35.
Cullom
Lea
Lippitt
Curtis
McCumber
Davis
McLean
Dixon
Foster
O’Gorman
Oliver
Gamble
Owen
Gardner
Gore
Paynter
Guggenheim
Percy
N AYS— 17.
Perkins
Root
Sanders
Smoot
Sutherland
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich
Swanson
Thornton
Warren
Watson
Williams
Townsend
Works
Rayner
Richardson
Smith, Md.
Smith, S. C.
Stephenson
Stone
Tillman
Wetmore
The PRESIDEN T pro tempore. Forty-two Senators have
voted in the affirmative and 17 in the negative and the bill is
passed, notwithstanding the objections o f the President.
m il it a r y academ y appropriation b ill .
Air. DU PONT submitted the following report:
The committee o f conference on the disagreeing votes o f the
two Houses on the amendments o f the Senate to the bill (H. R.
24450) making appropriations for the support o f the Alilitary
Academy for the fiscal year ending June 30, 1913, and for other
purposes, having met, after full and free conference have agreed
to recommend and do recommend to their respective Houses as
fo llo w s:
That the Senate recede from its amendment numbered 10.
That the House recede from its disagreement to the amend
ments o f the Senate numbered 2, 3, 5, 6, 7, 8, 9, and 11, and
agree to the same.
That the House recede from its disagreement to the amend
ment o f the Senate numbered 1, and agree to the same with
an amendment as fo llo w s: In line 11 o f the matter proposed to
be inserted by said amendment, after the word “ hereafter,”
strike out the word “ graduates ” and insert in lieu the words
“ a graduate ” ; in line 13, after the word “ from,” strike out
the words “ West Point, New Y o rk ” and insert in lieu the
words “ his home ” ; in line 14, after the word “ which,” strike
out the words “ they first join ” and insert in lieu the words
“ he first joins ” ; and in line 14, beginning after the word
1912.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
The S e c r e t a r y . At the end o f the proposed committee amend
ment, as printed in the bill at the top o f page 37, line 1, after
the w ord “ copies,” in sert:
10003
House provision which has been proposed by the Senate com
mittee.
^ Mr. SM ITH o f South Carolina. I should like to ask the
Senator from Iow a another question. There is not a single
Provided further, That when such members pay therefor as a part of
their clues or assessments, individual subscriptions or receipts shall not
amendment that has been proposed, either in committee or on
he required.
this floor, the effect o f which can not be avoided by the un
Mr. SM ITH o f Michigan. I should like to ask the Senator scrupulous who may do the very thing that we are trying to
from Oregon if that amendment does not vest a wide discre keep them from doing. Does the Senator not agree with me
tionary power in the department, and if it is not substantially there?
Mr. CUMMINS. Not wholly. I think-----wlrat it exercises now.
Mr. BOURNE. I would far rather the Senator from M ichi
Mr. SM ITH o f South Carolina. W hat would prevent what
gan should propound that inquiry to the Senator from Iowa, might be called a fake society, with only a nominal membership
who is the father o f the amendment.
fee, declaring that in that nominal fee were included member
Mr. SM ITH o f Michigan. I was not looking so much for the ship dues and pay for the paper? W e do not prescribe how
father as I was after the w elfare o f the child and to the effect much the subscription shall c o s t; w e do not prescribe how much
o f the legislation. I asked my question o f the honored Senator the membership dues shall b e ; but we simply say 50 per cent o f
from Oregon because I knew he had given a great deal o f the regular subscription price. I f they desired to send adver
thought to the subject. It seems to me that the amendment tisements at the expense o f the Government, could they not
makes little concession and practically reiterates the present under any provision that we may make organize societies with
nominal dues and load the mails, a practice which we are try
law.
Mr. CUMMINS. The present law in that particular respect ing to prevent now?
is not objectionable. The only thing in the present law which
Mr. CUMMINS. Undoubtedly there is a door there that
is objectionable and which is "found to be a very great obstacle might be opened by the unscrupulous, and there could be some
and, I think, an unjust hardship to the circulation o f these abuse o f the privilege granted; but I think, if we are not to
publications is that they are not permitted to carry advertise have the House provision, that the Senate committee provision
ments. The purpose o f the change o f the law is to remove that does guard to a degree the public and the Government.
obstacle, but in removing it it is sought to attach other condi
Mr. SM ITH o f South Carolina. Mr. President, I should like
tions, many o f which I think are very w is e ; but among those to go on record here on this matter. I was in the committee
conditions you w ill find language iVhich w ill bear the interpre when the bill was considered and, perhaps, I should have re
tation that there must be some direct communication between served the right not to accept the amendment, b u t'in view o f
the publisher o f the paper and the member o f the society— my study o f this question I am persuaded that the discretionary
some receipt, some individual subscription. It is to remove any powers that would necessarily arise under any amendment re
such possible interpretation in what we are now doing that I stricting circulation would give rise possibly to abuse on the
have proposed the amendment which has just been accepted by part o f the post-office authorities. I think the most direct way
the chairman o f the committee.
to reach the matter is to adopt the House provision, which says
Answering, now, directly the question o f the Senator from that publications may be sent to bona fide subscribers. I would
Michigan, I w ill say that the law now is that there need be no prefer to see the House provision agreed to than to adopt any
individual receipt. That is the ruling o f the Post Office De amendment to shut off, on the one hand, the unscrupulous and
partment. But unfortunately that ruling applies only to papers at the same time restrict the right worthy societies ought to
published by fraternal societies and other societies which con have. I do not believe it is good policy to penalize institutions
tain no advertising matter. W e want to preserve the present o f great worth to the people because there are others that are
interpretation o f the law, so far as treating membership in a not o f great worth, and I do not see how w e can afford to re
society and the payment o f dues in that society as a subscrip strict meritorious societies by virtue o f our legislation for the
tion to the paper are concerned. So I think there will be no sake o f attempting to save the Government a few dollars and
trouble along the line suggested by the Senator from Michigan. in an effort to shut out some unworthy societies.
Mr. SM ITH o f Michigan. My only concern in asking the
Mr. BOURNE. I f the Senator w ill permit me, I will state
question is that a bona fide circulation may not be the subject that we are trying to prevent discrimination, and the remedy
o f continual review by the Post Office Department to the an we think is a reclassification o f the second-class mail matter
noyance and injury and detriment o f the publishers. Every under which the Government is now carrying the publications
few weeks some one is summoned before the department and o f these organizations, allowing benevolent and fraternal so
required to produce again the receipts o f subscribers. I f they cieties to carry advertisements, but requiring a subscription list.
Mr. SM ITH o f South Carolina. You have allowed them all
do not happen to have them on the day they are summoned they
are criticized, restrained, and perhaps forbidden the appropriate to carry advertising.
Mr. BOURNE. N o; we have not. They come here and ask
use o f the mails.
I have many instances in my own mind now where that has to be permitted to carry advertising.
Mr. SM ITH o f South Carolina. But it is proposed in this
been done. I would much prefer to see the law plain, direct,
and positive. I f we are to enlarge the scope o f the present law bill to remove that restriction. You allow them, under this bill,
by providing admission o f these publications to the mails, I to carry advertising and then provide restrictions; that is what
should like to see it done in language that can not be mistaken, this bill proposes.
Mr. BOURNE. This bill proposes to put them on a par with
and not left discretionary with the Postmaster General.
These publications are entitled to fair treatment and the other periodicals and magazines coming under the second-class
widest possible liberty consistent with the economical adminis mail privilege, and nothing else whatever.
Mr. SM ITH o f South Carolina. Now, let us refer for a
tration o f the Post Office Department. I hope the law may not
be left indefinite, and that discretionary power may not again moment to those magazines and periodicals which are put on
be vested by Congress in these officials who, while honest, are a par with the publications now accorded the second-class
vexatious and unnecessarily annoying to people whose voca privilege. The latter class are not the periodicals o f a society
tion and employment is deserving o f our solicitude. I favor or an organization.
Mr. BOURNE.
They are second-class mail matter, Mr.
the Dodds amendment, so called, in the House bill and hope it
President.
w ill be retained in the bill.
Mr. SM ITH o f South Carolina. I understand; but here is
Mr. CUMMINS. Mr. President, I quite agree with the Sen
ator from Michigan, but he will at once see that my amendment the point I want to bring before the Senate: The individual
or the amendment which has been accepted by the Senator from publications that have the second-class mail privilege are
Oregon, whatever else it does, restricts the field o f discretion private ventures; they have got to have pay for their publica
and provides positively that under certain conditions indi tion. The others are the organs o f societies or organizations,
and the dues that are paid stand in lieu o f the subscription
vidual subscriptions shall not be required.
Mr. SM ITH o f South Carolina. Mr. President, I should like price in the case o f the others. They are on exactly the same
to ask the Senator from Iowa a question. Following the same plane. The dues o f the organization pay for the subscription;
line o f argument that he has outlined in his amendment, does the subscription price o f the private publication is paid by the
he not think that the House provision restricting the circulation individual. Now, you extend the privilege o f advertising to both
to bona fide members o f the organization is a more direct and and yet you do not pretend to try to control the .subscription,
better provision than what we are attempting to enact by this price o f the private paper, but you do provide a restriction in
connection with the subscription price o f the organization paper
amendment?
Mr. HITCHCOCK. Mr. President, the Senator is entirely
Mr. CUMMINS. Undoubtedly; I am fo r the House provision ;
but I am doing what little I can to amend a substitute for the mistaken there. The Post Office Department now exercises
10004
CONGRESSIONAL RECORD— SENATE.
exercised a power o f supervision and inspecs and magazines.
do q # not liesitate to
into a jie^^i^peiA^mce
examine its sub^
Icl^up
rn whether
'boil;
South;
tn
nmimum an
charge a year?
Mr. HITCHCOCK. That vine's sojfiewhat, and I am not a
to state. Of course, it depends' oim h e p eriod icity, thtnsiz ot
the publication, and so f o r t h / Tji e^paci v i 1 ? s f ^ h e s e c o'
/g
class mail have been r(d^ /< M ]/o^ b s(V ^ b lU a H on ^ th at merely
charge a nominal price iyu(J/ar(/esse/tial\y advQ^^ing publiq
tions.
Mr. SMITH o f South Carolirtft But they have no strict
supervision over what shall be charged.
Mr. HITCHCOCK. They have, and they exercise it; and I
think that the amendment which is offered by the Senator from
Iowa is quite a happy solution o f this situation. Just as the
Post Office Department now enters the newspaper office and the
magazine office to see whether it has a bona fide circulation as
manifested by cash receipts, so the Post Office Department will
enter the offices of the fraternal organizations to see whether
those who are receiving the publications of such organizations
are members o f the society and are paying their dues.
Mr. SMITH of South Carolina. Well, why would it not be
exactly parallel for the inspector to go to the secretary of the
organization and find out what are the membership dues?
Mr. HITCHCOCK. That will be the practice, I understand,
under the Senator’s amendment.
Mr. SMITH o f South Carolina. Why would it not be:i tflie
practice under the House provision?
Mr. HITCHCOCK. I am not discussing the House provision.
I understand the committee has accepted this amendment;
and I think, as modified by the amendment o f the Senator from
Iowa, it offers a very happy solution o f the difficulty. I think
that the House provision is rather too vague. I think it might
leave even more power with the Post Office Department than
would the Senate amendment.
Mr. SMITH of South Carolina. Well, Mr. President, I merely
wanted to record myself here as being in favor o f the broadest
possible liberality to the fraternal organizations. I think the
difficulty has been solved in the House provision, and, while I
shall not discuss this amendment further, I shall reserve the
right to vote against it.
Mr. STOKE. Mr. President, I desire some information, and
I think the Senator from Oregon can give it to me. As I under
stand, there are some sixteen or eighteen million people who
belong to fraternal organizations or organizations o f the d if
ferent classes described and covered by the provisions o f the
bill we are considering.
Mr. BOURNE. Does the Senator from Missouri want the
answer now?
Mr. STONE. I have not yet asked the question.
Mr. BOURNE. Very well.
Mr. STONE. The societies, with this enormous membership,
are engaged in a business we all consider meritorious and highly
worthy in every way. I am in sympathy with the general pur
pose o f the' Committee on Post Offices and Post Roads to elimi
nate from the second-class mail the great mass o f matter that
ought not to be admitted under that classification, burdening it
and entailing an enormous expense on the Government, but the
publications issued by fraternal societies, in numerous instances
at least, do not come within that class. I understood the Sena
tor to say that there were twenty-six or twenty-seven thousand
publications issued by somebody that are, in the main, mere ad
vertising publications; fake publications, in a way. I do not ask
the Senator, unless he cares to tell me or to -tell the Senate, to
just wliat publications he refers, but I should like to have a little
more definite information as to their general class. To what
kind of publications does the Senator refer?
Mr. BOURNE. I stated that there were over 20,000 news
papers, magazines, and periodicals in the United States en
joying the privileges o f second-class m a il; but I did not refer
to them as mere advertising sheets or fake publications, but as
legitimate publications. I should like to say to the Senator
from Missouri-----Mr. STONE. Do I understand the Senator to say that he
would refuse the second-class mail privilege to all these publica
tions?
Mr. BOURNE. No. I said that we required from these
20,000 and odd newspapers, magazines, and periodicals that they
should have a bona fide subscription list in order to entitle them
to come under the second-class mail privilege.
I will also state, in reference to the membership— I under
stood the Senator to say that these organizations had a mem-
V
of
;>od
fxteen
A ugust
i
cor
Meetly
is the
hen
the information
representatives of the various organiZa,
United States was that they had in the aggregate
4100,000 members in all these organizations affected by
ovisions o f the Dodds amendment.
STONE Mr. President, I
'T h e ft
^ v e / v/a a m ^ a y v& r& T thj^Wll. If we do not have „ uy
U d e s ir X s a ^ fe f I
v o ^ f o sustain the House provision!
/ vA % O i A?<E. Mr./President, I will ask to have the SeC
rppirv rea(Tithe amendment mroposed by the Senator from Iowa.
rc/ U PRES! DEN’l/n ro teffipore. The amendment ottered by
The PRESIDEN
he committee amendment
the Senator fron low;
the committee f.mwulmoni will \>y
read for the information o f the Senate.
U
e
The S e c r e t a r y . At the end o f the proposed committe
amendment, at the top o f page 37, line 1, after the word “ copies ”
it is proposed to insert :
'’
Provided further, That when such members pay therefor, as a
of their dues or assessments, individual subscriptions or receipts
not he required.
iau
The PRESIDEN T pro tempore. The question is upon''agrG
p
ing to the amendment to the committee amendment.
The amendment to the amendment was agreed to.
The PRESIDENT pro tempore. The question now recurs
upon the adoption o f the amendment as amended.
Mr. SM ITH o f Michigan. Mr. President, if in order, I nioy0
to strike out the amendment proposed by the committee, be
ginning with the proviso, in line IS, on page 3G, and going down
to the word “ P r o v id e d ," in line 1, on page 37. I make this niotion for the purpose o f restoring so much o f the House bill /
is known as the Dodds amendment, beginning in line 11 on page
36, and which reads as follow s:
Provided, That the circulation through the mails of periodical publics
tions, issued by or under the auspices of benevolent or fraternal societies
or orders or trades-unions, or by strictly professional, literary, historical
or scientific societies, as second-class matter, shall be limited to copie-1
mailed -to members, exchanges, and bona tide subscribers, together with
10 per cent of such circulation in addition as sample copies.
1
By striking out the committee amendment we restore so much
of-The bill as I have just read, included in the House bill,
known-as 4.U Dodds amendment.
P
Mr. GALLINGER. Mr.' President, I suggest to the Senator
from Michigan that a motion to strike out is not necessary, i f
the committee amendment is rejected it will restore the House
provision. That is the proper parliamentary procedure.
The PRESIDENT pro tempore. The Senator is correct.
Mr. SMITH o f Michigan. I quite agree with the Senator
from New Hampshire.
Mr. GALLINGER. A vote to reject the committee amendment
would accomplish the Senator’s object.
Mr. SWANSON. Mr. President, I wish to state in connection
with this matter that in the committee I offered an amendment
to the House provision, which, in my opinion, would have
effectually accomplished what we desire to accomplish and pre
vented the abuse that has been pointed out. That amendment
was not adopted by the committee, and I reserved the right
to urge it in connection with this matter when the bill came
into the Senate. The amendment I suggested would enable a
society like the National Geographic Society to send its publi
cations to its members.
As between the Senate committee amendment and the House
provision, I shall vote for the House provision in preference
to the Senate committee amendment even as amended.
Mr. TOWNSEND. Mr. President, I rise to a parliamentary
inquiry. As I understand, the question is upon the committee
amendment as amended, and if that is voted down the House
provision stands?
The PRESIDEN T pro tempore. The Senator is correct. r e
fh
question is upon the committee amendment as amended. [Put
ting the question.] The ayes appear to have it.
Mr. SMITH o f Michigan and Mr. SMITH o f South Carolina
called for a division.
Mr. GALLINGER. I ask for the yeas and nays. A division
is always unsatisfactory.
The yeas and nays were ordered.
Mr. JONES. The question is on restoring the part of thebill that was stricken out by the committee, as I understand?
Mr. SMITH of Georgia. The Dodds amendment.
Mr. BOURNE. As I understand, the vote is on the adoption
o f the Senate committee amendment as amended by the amend
ment offered by the Senator from Iowa [Mr. C u m m i n s ], i s
that correct?
The PRESIDEN T pro tempore. That is correct. The Chair
will state, in reply to the inquiry o f the Senator from Wash-
1912
COXGEESSIOXAL RECORD— SENATE.
in gton [M r. J o n e s ], th at n oth in g has as yet been stricken out
o f the bill, so that the question o f restoration does n ot apply.
Ashurst
Bankhead
Cummins
Johnston, Ala.
Jones
Kenyon
La Follette
N A Y S — 25.
Martin, Ya.
Shively
Myers
Simmons
Smith, Ariz.
Overman
Smith, Mich.
Page
Poindexter
Smith, S. C.
Stone
Pomerene
Reed
Swanson
NOT T O TIN G — 42.
Clarke, Ark.
Gore
Guggenheim
Culberson
Johnson, Me.
Curtis
Davis
Kern
Dillingham
Lea
Dixon
Lippitt
du Pont
McLean
Fall
Newlands
Foster
O’Gorman
Gamble
Oliver
Gardner
Owen
10005
Thornton
Tillman
Mr. JONES. So the amendment o f the committee to strike
Townsend
out a portion o f the bill is not being voted upon now?
W atson
The P R E SID E N T pro tempore. The Chair so understands.
Mr. JONES. That is what I want to get at.
The P R E SID E N T pro tempore. The amendment, is to strike
out and insert, the two joined together, and the question now Bacon
Paynter
is upon both.
Bailey
Percy
Borah
Perkins
Mr. JONES. Is that the amendment?
Bradley
Rayner
The PRE SID EN T pro tempore. To strike out and insert.
Brandegee
Richardson
Mr. JONES. Is that the amendment w e are now voting Briggs
Smith, Md.
Brown
Stephenson
upon?
Burnham
Warren
The PR E SID E N T pro tempore. The Chair so understands.
Burton
Works
Mr. JONES. That is what I want to understand.
Chilton
The PR E SID E N T pro tempore. The Chair w ill state that a, Clapp
negative vote w ill leave in the bill all that is proposed to be
So the amendment as amended w as agreed to.
Mr. SWANSON.
I desire to give notice that when this
stricken out. The question is on the adoption o f the amendment
to strike out and insert, upon which the yeas and nays were Amendment comes into the Senate I am going to move to strike
it out and insert the House provision with the amendment I
ordered. The Secretary w ill call the roll.
offered to it.
The Secretary proceeded to call the roll.
P A Y M E N T OF P E N S IO N S .
Mr. BRAN D EG EE (when his name was called ). I announce
my pair with the junior Senator from New York [Mr. O'G orMr. McCUMBER. Out o f order I wish to introduce a join t
m a n ],
resolution and have it referred to the Committee on Appro
Mr. CLAPP (when his name was-jcalled). I have a general priations and printed.
pair with the senior Senator from North Carolina [M r S i m
I w ill state that tli£ object o f the joint resolution is to pro
m o n s ].
I f he were present and I were at liberty to vote, I vide for the payment o f pensions during the time the two
Houses are in conference upon the general pension appropria
should vote “ nay.”
Mr. CULLOM (when his name was called). I have a gen tion bill.
eral pair with the junior Senator from W est Virginia [Mr.
The joint resolution (S. J. Res. 128) making appropriations
C i i i i .t o n ]. I f lie were present. I should vote “ nay.”
to pay such pensions as may be due and payable on or before
Mr. McCUMBEIt (when his name was called). I have a gen August 4, 1912, was rea.d tw ice by its title and referred to the
eral p a ir with the senior Senator from Mississippi [Mr. P e rcy ]. Committee on Appropriations.
I am inform ed by his colleague that he thinks the Senator from
E X E C U T IV E S E S S IO N .
Mississippi would vote the same as I would upon this question,
Mr. CULLOM. I ask the chairman o f the Committee on
and therefore I think I am authorized to vote. I vote “ yea.”
Mr. SM ITH o f South Carolina (when his name was called). Post Offices and Post Roads i f he is willing to give w ay to me to
I have a general pair with the Senator from Delaware [Mr. allow a brief executive session? There are some important
R ich a r d so n ]. I transfer the pair to the Senator from Maine things to be done.
Mr. BOURNE. I am very glad to accommodate the Senator
[Mr. G ardner ], and w ill vote. I vote “ nay.”
Mr. SU THERLAND (w hen his name was called). I am from Illinois.
Mr. CULLOM. I move that the Senate proceed to the con
paired with the Senator from Maryland [Mr.*R a y n e r ] . I trans
fer the pair to the Senator from South Dakota [Mr. G a m bl e ], sideration o f executive business.
The motion was agreed to, and the Senate proceeded to the
and w ill vote. I vote “ yea.”
Mr. W A R R E N (when his name was called). I have a pair consideration o f executive business. After 22 minutes spent
w ith the senior Senator from Louisiana [Mr. F oster ], and in executive session the doors were reopened, and (at 6 o'clock
and 15 minutes p. m.) the Senate adjourned until to-morrow,
therefore withhold my vote.
Mr. W ATSON (when his name was called). I have a gen Friday, August 2, 1912, at 11 o’clock a. m.
eral pair with the senior Senator from New Jersey [Mr.
NOMINATIONS.
B riggs ], which I transfer to the ju n ior Senator from Indiana
[Mr. K e r n ], and w ill vote. I vote “ nay.”
E x e c u t i v e n o m in a tio n s r e c e iv e d b y th e S e n a te A u g u s t 1, 1 9 1 2 .
Mr. W ETM ORE (when his name was called ). I have a gen
P romotions in t h e N a v y .
eral pair with the senior Senator from Arkansas [Mr. C l a r k e ].
Ensign Ralph D. Weyerbaclier to be an assistant naval con
I f I w ere at liberty to vote, I should vote “ yea.”
structor in the Navy from the 1st day o f May, 1912, to fill a
I w ill also state that my colleague [Mr. L ip t it t ], w ho is vacancy, and to correct the wording o f a form er nomination
unavoidably detained from the Chamber, is paired with the confirmed by the Senate on May 10, 1912.
senior Senator from Tennessee [Mr. L e a ]. I f my colleague
Ensign Thomas B. Richey to be an assistant naval constructor
were present and at liberty to vote, he would vote “ yea.”
in the Navy from the 25tli day o f June, 1912, to fill a vacancy.
The roll call was concluded.
The following-named lieutenant commanders to be command
Mr. OVERMAN (after having voted in the negative). I ers in the Navy from the 1st day o f July, 1912, to fill v acan cies:
desire to inquire whether the senior Senator from California
Joel R. P. Pringle,[Mr. P e r k in s ] has voted.
Charles J. Lang, and
The PR E SID E N T pro tempore. The Chair is inform ed that
Martin E. Trench.
he has not.
The following-named lieutenants to be lieutenant commanders
Mr. OVERMAN. I have a general pair with that Senator, in the Navy from the 1st day o f July, 1912, to fill vacancies:
which I transfer to the senior Senator from Maine [Mr. J o h n
John D. Wainwright,
s o n ], and w ill let my vote stand.
H arry K. Cage,
Mr. CH AM BERLAIN . I have a general pair with the junior
Charles S. Freeman,
Senator from Pennsylvania [Mr. O liver ]. I transfer it to
Robert L. Berry, and
the senior Senator from Nevada LMr. N e w l a n d s ] and w ill
W ard K. Wortman.
vote. I vote “ yea.”
Passed Asst. Paymaster James F. Kutz to be a paymaster in
Mr. CULLOM. In order to make a quorum, I transfer my the Navy from the 26th day o f February, 1911, to fill a vacancy.
pair to the Senator from Cwnneciicut ] i l r . M cL e a n ] and w ill
P o stm asters .
vote. I vote “ yea.”
IL L IN O IS .
Mr. W E T M O R E I transfer my pair with the senior Senator
John Marvin to be postmaster at Louisville, III., in place o f
from Arkansas [Mr. C l a r k e ] to the Senator from Kentucky
John Murvin. Incumbent’s commission expired May 11, 1912.
[Mr. B rad ley ].
/
The result was announced— yeas 27, nays 25, as fo llo w s :
KAN SAS.
Y E A S — 27.
W illiam C. Markham to be postmaster at Baldwin City (late
Sanders
Lodge
Baldw in), Kans., in place o f W illiam C. Markham, to change
Bourne
Crawford
Smith, Ga.
McCumber
Culiom
Bristow
name o f office.
Smoot
Martine, N. J.
Bryan
Catron
Chamberlain
Cark, W yo.
Crane
Fletcher
Gallinger
Gronna
Heyburn
Hitchcock
Massey
Nelson
Penrose
Root
Sutherland
Wetmore
W illiam s
MONTANA.
Benjamin Urner to be postmaster at Harlowton, Mont., in
place o f Benjamin T. Stevens, resigned.
10006
CONGRESSIONAL RECORD— HOUSE.
A ugust i
_________________________________________________________________________________________________________
U
get 10 minutes. Now, the Chair wants to inquire, because l
wants to be fair about it, whether there are any Republics
here who want any o f this 3 hours?
' 13
1
Mr. FOSTER. You might inquire whether there are
OHIO.
Republicans here.
1ny
Charles E. Bake to be postmaster at College Corner, Ohio, in
The SPEAKER. The Chair wants to be fair about the d
i
place o f John C. Douglas. Incumbent’ s commission expired vision o f this time o f 3 hours.
May 16, 1912.
Mr. FOSTER. Are there any Republicans here?
SOUTH CAROLINA.
The SPEAKER. The Chair does not recognize any differen
C
e
Henry W. Des Fortes to be postmaster at Ridgeway, S. C. between Republicans.
Mr. BURNETT. The bull moose crowd are here.
Office became presidential January 1, 1912.
The SPEAKER. The bull moose are just the same as •
)
TENNESSEE.
other crowd, as far as the Speaker is concerned. The Chv
John W. Akin to be postmaster at Rutherford, Tenn. Office repeats the question, Are there any Republicans here who
became presidential January 1, 1908.
any part o f this 3 hours time in general debate? The Chv
E.
A. Morgan to be postmaster at Huntingdon, Tenn., in place
will try to get the gentleman from California in, but the Clur
of Atlas M. Lee. Incumbent’s commission expired January 30, promised to recognize the gentleman from Ohio for 40 minute
1910.
Mr. RUCKER o f Colorado. Mark me down for 10 minut safter the others get through.
es
CONFIRMATIONS.
The SPEAKER. I f we have the 10 minutes.
Mr. FOWLER. Before the gentleman from Ohio proceeds
E x e c u t i v e n o m in a tio n s con firm ed b y th e S e n a te A u g u s t 1, 1912.
will be glad to get unanimous consent to extend my rem
arks
P ostm asters.
in the R ec or d on the question o f salaries o f public officers.
8
GEORGIA.
The SPEAKER. The gentleman from Illinois [Mr. F owleri
Mattie Mitchell, Acworth.
desires to ask unanimous consent to extend his remarks ffi th«
R e c or d . I s there objection? [After a pause.] The Chair hears
MINNESOTA.
NORTH DAKOTA.
Charles It. Kendall to be postmaster at Granville, N. Dak., in
place o f Jessie M. Pierson, deceased.
George F. Kramer, South St. Paul.
TEXAS.
George H. Sparenberg, Big Spring.
, ‘
W ITHDRAW ALS.
E x e c u t i v e n o m in a tio n s until d ra w n A u g u st 1, 1912.
P ostm asters.
TENNESSEE.
Atlas M. Lee to be postmaster at Huntingdon.
William T. H. Thorn to be postmaster at Rutherford.
INJUNCTION OF SECRECY REMOVED.
T h u rs d a y , A u g u st 1, 1912.
The injunction o f secrecy was removed from an agreement
signed on July 20, 1912, by the plenipotentiaries of the United
States and Great Britain adopting, with certain modifications
therein, the rules and method o f procedure recommended in the
award o f The Hague tribunal o f September 7, 1910, for the set
tlement hereafter, in accordance with the principles laid down
in the award, o f questions regarding the exercise o f the fishing
liberties referred to in article 1 o f the treaty o f October 20,
ISIS, between the United States and Great Britain.
HOUSE OF REPRESENTATIVES.
T hursday,
August 1,1912.
The House met at 12 o’clock noon.
The Rev. William Couden, of Norwalk, Ohio, offered the fol
lowing prayer:
Almighty God, our heavenly Father, grant unto us, Thy
children, consciences firm yet tender, and obedience true as the
path o f the daily sun. We thank Thee that Thou hast not made
us irresponsible like the creatures of lower orders than w e; we
thank Thee that Thou hast given us work to do and problems to
solve. And we bless Thee that Thou hast provided us guide,
counsel, and equipment for life's responsibilities. Grant, O
Lord, that what we do and say to-day shall be in accord with
Thy commandments, the Sermon on the Mount, and the spirit
of the Cross o f Christ. W e offer this prayer in the name of
Jesus. Amen.
The Journal o f the proceedings o f yesterday was read and ap
proved.
THE COTTON SCHEDULE.
The SPEAKER. Under the order o f the House-----Mr. RAKER. Mr. Speaker, I ask unanimous consent that I
may address the House for five minutes on the subject of mines
and mining prospects-----The SPEAKER. Under the order o f the House we are to
have general debate for three hours, and the following gentle
men have applied to the Chair Hor tim e: Mr. S h a r p o f Ohio,
40 minutes; Mr. F e r g u s s o n of New Mexico, 20 minutes;
Mr. R u c k e r o f Colorado, 20 minutes, and Mr. D o n o h o e of
Pennsylvania, 20 minutes. That makes an hour and 40 min
utes. I f the first three use their time, Mr. D o n o h o e will only
n°Mr. HOWLAND. Mr. Speaker, I make the same request
The SPEAKER. The gentleman from Ohio asks nnauim0Ua
consent to extend his remarks in the R e c or d . I s there objee
tion? [After a pause.] The Chair hears none.
Mr. FOSTER. Mr. Speaker, I would like to ask unanimous
consent to extend my remarks in the R e c o r d .
The SPEAKER. The gentleman from Illinois makes thr>
same request. Is there objection? [After a pause.] T C a
he h ir
hears none.
Mr. LITTLEPAGE. Mr. Speaker, I was not in the House
when debate took place in reference to the anti-injunction
bill, and I would like to ask unanimous consent to extend my
remarks in the R ecord on that subject.
The SPEAKER. The gentleman from West Virginia asks
unanimous consent to extend his remarks in the R ec or d on the
anti-injunction bill. Is there objection? [After a pause.] The
Chair hears none.
The SPEAKER. The Chair recognizes the gentleman from
Ohio [Mr. S h a r p ] for 40 minutes. [Applause.]
Mr. SHARP. Mr. Speaker, I only wish to express the liope
that the kindly and generous applause which lias greeted the
announcement that I would have 40 minutes’ time of the House
this afternoon may be reflected in the reception which, if it js
not accorded to what I shall say, may nevertheless be given to
the merits o f the subject on which I wish to speak. This is not
a new subject, but still it is so comparatively recent in develop
ment that it seems to me it is not inappropriate, especially at
this time, to talk somewhat at length upon its merits, as it
involves future legislation o f Congress in a number o f phases
in which it may be considered. It seems to me, Mr. Speaker
that it is peculiarly apropos to-day, inasmuch as very soon we
shall be called to vote upon a very important question, the
determination o f which has engaged the attention o f both
branches o f Congress for several weeks past and over which
it appears to me we are apparently at loggerheads. How
ever, I make the prediction, if I may assume the role for the
time being o f a prophet, that, as in most cases in the past
where the two Houses have been diametrically opposed to each
other, we will finally compromise, and the Senate will give
way on one side, and this House will rescind its action in
caucus finally voting for one battleship. This is merely a
gratuitous prophecy in which I am indulging and is given for
what it is worth. Surely, neither a false pride nor a stubborn
ness born o f an unwillingness to give in should prevent this
House from doing what is right.
While there was no record kept o f the learned debates in our
caucuses upon this subject o f providing for two battleships,
yet I think I may with justice say that, judging from the
arguments advanced by the advocates pro and con on this ques
tion, the difference o f opinion arises largely not from a lack of
patriotism on the part o f any o f my Democratic colleagues,
because we all want to provide an adequate national defense,
but, rather, from a fixed opinion on the part o f many that two
battleships are not needed at this time. I am perfectly willing
to concur in that judgment. At least I shall so vote if given
opportunity, though I shall with pleasure vote for a compro
mise proposition involving the building o f one battleship, i
have from time to time, as you have, listened to the arguments
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
1912.
amendments o f the Senate to the bill (H. It. 25069) making a p
propriations for sundry civil expenses o f the Government for
the fiscal year ending June 30, 1912, and for other purposes, and
requesting a conference with the Senate on the disagreeing votes
o f the two Houses thereon.
Mr. W ARREN . I move that the Senate insist upon its
amendments still in disagreement and agree to the conference
asked for by the House, the conferees on the part o f the Senate
to be appointed by the Chair.
The motion was agreed t o ; and the President pro tempore ap
pointed Mr. W arren, Mr. P erk in s , and Mr. Culberson con
ferees on the part o f the Senate.
p r e s id e n t ia l a p p r o v a l .
A message from the President o f the United States, by Mr.
Latta, executive clerk, announced that the President had on this
day approved and signed the follow ing joint resolution:
S. J. Res. 127. Joint resolution authorizing the Secretary o f
W ar to supply tents and rations to American citizens compelled
to leave Mexico.
FOREIGN OCCUPATIONS ON AMERICAN CONTINENTS.
The PR E SID E N T pro tempore. There is a resolution coming
over from a form er day which is now in order. It will be read.
The Secretary read Senate resolution 371, submitted by Mr.
L odge on the 31st ultimo, as fo llo w s :
licaolved, That when any harbor or other place in the American con
tinents is so situated that the occupation thereof for naval or military
purposes might threaten the communications or the safety of the United
States, the Government of the United States could not see without grave
concern the possession of such harbor or other place by any corporation
or association which has such a relation to another Government, not
American, as to give that Government practical power of control for
national purposes.
The P R E S I D E N T p ro tem p o re . T h e q u e stio n is on th e
a d o p tio n o f th e re solu tio n .
Mr. CUMMINS. Mr. President, I do not rise to object to the
passage o f the resolution, but I should like to hear from the
Senator from Massachusetts a statement with regard to the real
meaning o f the resolution as it affects what we ordinarily know
as the Monroe doctrine. Is it an extension o f that doctrine as
it has been generally interpreted or is it a mere application o f
the doctrine? I believe both the country and the Senate would
like to hear a word from the author o f the resolution in order
that we may fully understand ju st what we are doing and just
what notice w e are giving to the world.
Mr. LODGE. Mr. President, the declaration embodied in the
resolution rests on a much broader and, if I may say, older
ground than the Monroe doctrine. It rests on the ground which
all nations have recognized and maintained o f their right to op
pose the founding by a foreign Government or by persons under
foreign control o f establishments at points which would threaten
the safety or the communications o f the Government itself.
Mr. STONE. Mr. President, if the Senator from Massachu
setts w ill pardon me, while he is making this explanation there
ought to be a quorum o f the Senate present. I make the point
that there is no quorum present.
The PR E SID E N T pro tempore. The Senator from Missouri
suggests that there is no quorum present. The Secretary will
proceed to call the roll.
The Secretary called the roll, and the follow ing Senators
a n s w e r e d to tlie ir n a m e s :
Dillingham
Ashurst
Bacon
du Pont
Bailey
Fall
Gallinger
Borah
Gronna
Bourne
Brandegee
Hevburn
Hitchcock
Bristow
Johnson, Me.
Burnham
Burton
Johnston, Ala.
Clark, Wyo.
Jones
Crane
Kenyon
Kern
Crawford
Cullom
Lodge
Cummins
McCumbcr
Martin, Va.
Martine, N. J.
Massey
Myers
Nelson
Overman
Page
Penrose
Percy
Perkins
Poindexter
Pomerene
Reed
Root
Shively
Simmons
Smith, Ariz.
Smith, S. C.
Smoot
Stone
Sutherland
Swanson
Thornton
Tillman
Warren
Wetmore
W illiam s
Works »
Mr. THORNTON. I announce the necessary absence o f my
colleague [Mr. F oster]. I ask that this announcement may
stand for the day.
Mr. M AR TIN o f Virginia. I desire to announce that the
junior Senator from Georgia [Mr. S m it h ] is detained from
the Senate to-day on official business.
Mr. BOURNE. I wish to announce that my colleague [Mr.
C ham ber lain ] is detained because o f official duty. He has a
general pair with the junior Senator from Pennsylvania [Mr.
O liver ].
Mr. M ARTIN E o f New Jersey. I desire to announce that the
Senator from Florida [Mr. B r y a n ] is unavoidably detained on
public business.
The PRE SID EN T pro tempore. On the call o f the roll o f
the Senate 50 Senators have answered to their names, and a
10045
quorum o f the Senate is present. The Senator from Massachu
setts w ill proceed.
Mr. LODGE. Mr. President, if I may repeat what I began to
say, this resolution rests on a generally accepted principle o f
the law o f nations, older than the Monroe doctrine. It rests on
the principle that every nation has a right to protect its own
safety, and that i f it feels that the possession by a foreign
power, for military or naval purposes, o f any given harbor or
place is prejudicial to its safety, it is its duty as well as its
right to interfere.
I w ill instance as an example o f what I mean the protest
that was made successfully against the occupation o f the port
o f Agadir, in M orocco, by Germany. England objected on the
ground that it threatened her communication through the Medi
terranean. That view was shared largely by the European
powers, and the occupation o f that port w as prevented in "that
way. That is the principle upon which the resolution rests.
It has been made necessary by a change o f modern condi
tions, under which, while a Government takes no action itself,
the possession o f an important place o f the character I have
described may be taken by a corporation or association which
would be under the control o f the foreign Government.
The Monroe doctrine was, o f course, an extension in our own
interests o f this underlying principle— the right o f every nation
to provide for its own safety. The Monroe doctrine, as we all
know, was applied, so far as the taking possession o f territory
w a 4 concerned, to its being open to further colonization, and
naturally did not touch upon the precise point involved here.
But without any Monroe doctrine the possession o f a harbor
such as that o f Magdalena Bay, which has led to this resolu
tion, would render it necessary, I think, to make some declara
tion covering a case where a corporation or association was
involved.
In this particular ease it became apparent from the in
quiries made by the committee and by the administration that
no Government was concerned in taking possession o f Magda
lena B a y ; but it also became apparent that those persons who
held conti'ol o f the Mexican concession, which included the
land about Magdalena Bay, were engaged in negotiations, which
have not yet been completed certainly but which have only
been tentative, looking to the sale o f that bay and the land
about it to a corporation either created or authorized by a for
eign Government, or in which the stock w as largely held or
controlled by foreigners.
The passage o f this resolution has seemed to the committee,
without division, I think, to be in the interest o f peace. It is
always desirable to make the position o f a country in regard to
a question o f this kind known beforehand, and not to allow
a situation to arise in which it might be necessary to urge a
friendly power to withdraw when that withdrawal could not
be made, perhaps, without some humiliation.
The resolution is merely a statement o f policy, allied to the
Monroe doctrine, o f course, but not necessarily dependent upon
it or growing out o f it. When the message came in I made a
statement as to the conditions at Magdalena Bay which had
led to the resolution o f inquiry and which has now led to the
subsequent action o f the committee. It seemed to the com m it
tee that it was very wise to make this statement o f policy at
this time, when it can give offense to no one and makes the
position o f the United States clear.
O f course I need not say to the Senate that the opening o f
the Panama Canal gives to the question o f Magdalena Bay and
to that o f the Galapagos Islands, which have been once or tw ice
before considered, an importance such as they have never pos
sessed, and I think it eminently desirable in every interest
that this resolution should receive the assent o f the Senate.
Mr. CUMMINS. Mr. President, I think every nation recog
nizes and accepts the principle just announced by the Senator
from Massachusetts as being the foundation for the resolution
which is before us. The part o f it which seems obscure to me
is the attempt to create some relation between a private cor
poration or association o f individuals and a foreign nation. I
do not understand precisely what that relation must be in
order that it shall fall within the scope o f the resolution. Sup
pose, for instance, that a corporation were created to take some
land in Mexico or in some other part o f the world, and the cor
poration had for its stockholders only the citizens o f a foreign
country— o f Great Britain, o f Japan, o f France, or any other
foreign country— would that fact alone bring the transaction
within the meaning o f this resolution?
I would be the last to object to any announcement o f cur
intention to preserve our own integrity, but I should like to
know more about the relation which such a corporation must
sustain to a foreign country in order to bring it within the
scope o f the resolution than is contained in the resolution itself.
10046
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
It seems to me that we are rather vague and uncertain with
regard to that phase o f the matter. I do not believe it is wise
for the United States to say that the stock o f the company
which owns tjie concession in or around Magdalena Bay should
not become the property o f'th e citizens o f some other country
without an additional specification as to the relation of those
stockholders to their government. The mere fact o f ownership
ought not, as it seems to me, to be declared to be against the
public policy o f the United States.
It is true that the resolution says that this must occur under
circumstances that indicate control over the corporation or the
association so owning the land or water, as the case may be,
but all that seems to be so expressed that almost any interpreta
tion can be put upon it. While I do not intend to discuss the
matter at length, 1 could not forbear expressing my opinion
that this departure from any doctrine which I have ever heard
announced should be so phrased that there could be no doubt
whatsoever about it, lest we at some future time, having taken
ground that we can -not defend, may be compelled to recede
from it to our own chagrin and humiliation.
Mr. STONE. Mr. President, I do not rise to make any spe
cial opposition to the passage o f this resolution, but I do think
we ought to have some fuller information respecting it before
we act upon it.
Mr. ROOT. Mr. President-----The PRESIDENT pro tempore. Does the Senator from
Missouri yield to the Senator from New York?
Mr. STONE. Yes.
Mr. ROOT. It appears to me that the proper consideration
o f this resolution calls for the application o f the thirty-fifth
rule o f the Senate. I therefore move that the doors o f the
Senate be closed for the discussion o f this matter, because, in
my opinion, it requires secrecy.
The PRESIDENT pro tempore. Is there a second to the
motion of the Senator from New York?
Mr. GALLINGER. I second the motion, Mr. President.
The PRESIDENT pro tempore. The Senator from New
York moves that the Senate proceed to the consideration o f this
question behind closed doors, and the Senator from New Hamp
shire seconds the motion. Under the rule the galleries will be
cleared and the doors will be closed.
Thereupon (at 11 o’clock and 33 minutes a. m.) the doors
were closed, and the Senate, with closed doors, proceeded to
consider the resolution, which was amended, on the motion of
Mr. L odge, by striking out the word “ national ” in the last line,
before the word “ purposes,” and inserting “ naval or military.”
The hour o f 1 o’clock having arrived, the President pro tem
pore laid before the Senate the unfinished business, the bill
(H. R. 21369) to provide for the opening, maintenance, protec
tion, and operation o f the Panama Canal, and the sanitation
and government of the Canal Zone, when, on request o f Mr.
B randegee and by unanimous consent, the unfinished business
was temporarily laid aside.
At 2 o’clock and 20 minutes p. m. the doors were reopened.
The PRESIDENT pro tempore. The Secretary will state the
amendment offered by the Senator from North Dakota [Mr.
August 2
Paynter ]. I transfer the pair to the senior Senator f-.
South Dakota [Mr. Gamble ] and w ill vote. I vote “ y ea > i0lh
»
Mr. DU PONT (when Mr. R ichardson ’ s name was can
My colleague [Mr. R ichardson ] is absent from the city
is paired with the junior Senator from South Carolina ’ r, , 6
Sm it h ].
‘
Mr. M ARTIN o f Virginia (when the name o f Mr. S mitt
Georgia was called). The junior Senator from Georgia j,U ,of
tained from the Senate on official business.
' k ^eMr. SMOOT (when Mr. Stephenson ’ s name was call
The Senator from Wisconsin [Mr. S tephenson ] has a L u . •
pair with the Senator from Oklahoma [Mr. Gore], I f the s A 1*
tor from Wisconsin were present, he would vote “ yea.” *
Mr. SUTHERLAND (when his name was called), j
paired with the senior Senator from Maryland [Mr. R ayne *1
*
and therefore withhold my vote. I f he were present, I sho i
vote “ yea.
yea.”
" 1M
1
Mr. M ARTIN o f Virginia (when Mr. W a t s o n ’ s name
called). The Senator from West Virginia [Mr. W a t s o n i
unavoidably absent. He is paired with the Senator from n A
Jersey [Mr. B riggs]. I f present, and able to vote, the Senat
from West Virginia would vote “ yea.”
1 or
Mr. W ETMORE (when his name was called). I have a
eral pair with the Senator from Arkansas [Mr. Clarke ] ana
therefore withhold my vote. I f I were at liberty to vote j
should vote “ yea.”
I desire to add that my colleague [Mr. L ippitt ] is unavoidably
absent, and is paired with the senior Senator from Tennessee
[Mr. L ea ], and if present would vote “ yea.”
The roll call was concluded.
Mr. SUTHERLAND. The Senator from Maryland []\jr
R ayner ], with whom I am paired, was upon the subcommittn ‘
which reported this resolution, and in addition to that I aJr
informed that if he were present, he would vote “ yea.” t
therefore feel at liberty to vote. I vote “ yea.”
Mr. SHIVELY. I wish to announce that my colleague [j|r
K ern ] is unavoidably absent from the Chamber.
1 •
I desire to say further that the junior Senator from a.,.
kansas [Mr. D avis ] is paired with the senior Senator f ro '
Kansas [Mr. Curtis ].
Mr. W ILLIAM S (after having voted in the negative), j
understand the Senator from Pennsylvania [Mr. P enrose] did
not vote. Is that true?
The PRESIDENT pro tempore. The Senator from Pennsyp
vania has not voted.
Mr. W ILLIAMS, Then I must withdraw my vote, as I
a pair with him. I f he were present, I should vote “ nay.”
Mr. SMITH o f South Carolina. I have a general pair with
the Senator from Delaware [Mr. R ichardson ]. I transfer it
to the Senator from Maine [Mr. Gardner] and will vote, f
vote “ yea.”
Mr. BOURNE. I desire to announce that my colleague [Mr
C hamberlain ] is absent from the Chamber necessarily or|
public business, and that he is paired with the junior Senator
from Pennsylvania [Mr. Oliver].
Mr. OVERMAN. My colleague [Mr. Sim m o ns ] is absent on
important public business. He is paired with the Senator from
M cCumber].
j
Minnesota [Mr. Clapp ].
The Secretary. In line 6, before the word “ possession,” in
Mr. HEYBURN (after having voted in the affirmative), j
sert “ actual or potential,” and in line 7, after the word “ any,”
strike out “ corporation or association which has such a rela would inquire whether the Senator from Alabama [Mr. B ank head ] has voted?
tion to another,” so as to make the resolution rea d :
The PRESIDENT pro tempore. The Chair is informed he
Resolved, That when any harbor or other place in the American con
tinents is so situated that the occupation thereof for naval or military has not.
purposes might threaten the communications or the safety of the
Mr. HEYBURN. I have a pair with the Senator from Ala
United States, the Government of the United States could not see, with
out grave concern, the actual or potential possession of such harbor or bama [Mr. B ank h ead ], but I understand from his colleague
[Mr. Johnston ] that if he were present he would vote “ yea.”
other place by any Government, not American, as to give that Govern
ment practical power of control for naval or military purposes.
Sb I will allow my vote to stand.
The PRESIDENT pro tempore. -9
Mr. JONES. My colleague [Mr. P oindexter] is unavoidably
to the amendment just stated.
detained from the Chamber. I f he -were-prosent, I aim-satisfied
The amendment was rejected.
he would vote “ yea.”
The PRESIDENT pro tempore. The question is on agreein;
Mr. LODGE. I desire to announce the pair o f the Senator
fr
to the resolution as amended.
:om Nebraska [Mr. B rown ] with the Senator from Oklahoma
"Ow e n ].
Mr. LODGE. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro<
The result was announced—yeas 51, nays 4, as follow s:
to call the roll.
.................................
YEAS— 51.
Mr. CULLOM (when his name was called). I have a general Ashurst
Cullorn
McLean
Sliivcly
Dillingham
Martin, Va.
Smith, Ariz.
pair with the junior Senator from West Virginia [Mr. C h il Bacon
Fall
Bourne
Martine, N. J.
Smith, Md.
ton ], but I understand I have a right to vote in this case.
I Bradley
Fletcher
Massey
Smith, Mich.
vote “ yea.”
Gallinger
Brandegee
Myers
Smith, S. C.
Gronna
Nelson
Smoot
Mr. DU PONT (when his name was called). I have a general Bristow
Guggenheim
O’Gorman
Sutherland
pair with the senior Senator from Texas [Mr. Culberson]. He Bryan
Burnham
Heyburn
Overman
Swanson
does not seem to be in the Chamber. I therefore withhold my Burton
Hitchcock
Page
Thornton
Catron
Johnson, Me.
Perkins
Tillman
vote. I f I were at liberty to vote, I should vote “ yea.”
Clark, Wyo.
Johnston, Ala.
Pomerene
Townsend
Mr. GUGGENHEIM (when his name was called). I have a Crane
Jones
Root
Warren
general pair with the senior Senator from Kentucky [Mr. Crawford
Lodge
Sanders
1912.
C0XGRESSI0X.
Cummins
McCumber
Bailey
Bankhead
Borah
Briggs
Brown
Chamberlain
Chilton
Clapp
Clarke, Ark.
Culberson
Curtis
Davis
Dixon
du Pont
Foster
Gamble
Gardner
Gore
Kenyon
Kern
N AY S— 4.
Percy
NOT VOTING— 39.
Da Follette
Lea
Lippitt
Newlands
Oliver
Owen
Paynter
Penrose
Poindexter
Rayner
Stone
Reed
Richardson
Simmons
Smith, Ga.
Stephenson
Watson
Wetmore
W illiam s
Works
So Mr. L odge’ s resolution as amended was agreed to.
POST OFFICE APPR OPRIATIO N DILL.
•Mr. BOURNE. I ask unanimous consent that the Senate
resitHie the consideration o f House bill 21279, the Post Office
appropriation bill.
The PRE SID EN T pro tempore. The Senator from Oregon
asks that the Senate resume the consideration o f House bill
H. R. 21279, known as the Post Office appropriation bill. W ith
out objection, it will be so ordered.
Mr. B A ILEY . W ill the Senator yield to me to introduce a
join t resolution?
Mr. BOURNE. W ith pleasure.
RELIEF OF A M E R IC A N C IT IZ E N S A T EL PA SO , TEX.
Mr. BA ILEY . I introduce a joint resolution, and I ask
unanimous consent for its present consideration.
The joint resolution (S. J. Res. 129) to provide transporta
tion for American citizens fleeing from threatened danger in
the Republic o f M exico was read the first time by its title and
the second time at length, as follow s:
Resolved, etc., That the Secretary of W ar he, and he hereby is,
authorized and directed to furnish transportation from El Paso, Tex.,
to such place in the United States as each shall elect, those American
citizens fleeing from the Republic of Mexico who are now or who may
hereafter be temporarily supplied with shelter and sustenance,'in whole
or in part, by the Government of the United States in or near El
Paso, Tex.
S ec . 2. That for the purpose of carrying out the provisions of this
joint resolution the sum of $100,000, or so much thereof as may be
necessary, is hereby appropriated, out of any moneys in the Treasury of
the United States not otherwise appropriated, to be expended under the
direction of the Secretary of W ar, upon vouchers to be approved by the
commander of the United States forces at Fort Bliss, Tex.
The PRE SID EN T pro tempore. Is there objection to the
present consideration o f the joint resolution?
There being no objection, the joint resolution was considered
as in Committee o f the Whole.
Mr. STONE. Mr. President, we have just passed a resolu
tion relating especially to Magdalena Bay, although general in
its terms, that seems to me to be meaningless. W e seem to be
very greatly alarmed at the prospect o f foreign citizens, Euro
peans or Asiatics, becoming interested in holdings in LatinAmerican countries. I do not think the resolution w ill have
any practical effect as a declaration o f national or interna
tional policy. I think it w ill have the effect o f aiding some
people who are seeking to acquire holdings about Magdalena
Bay by terminating negotiations now pending for the disposi
tion o f these holdings to other people, and thereby affording an
opportunity to those who are seeking it to acquire this posses
sion at a lower price or, at least, without the competition o f
those who are now negotiating for it.
W e seem to be very much concerned all o f a sudden about a
danger that is not, in fact, a danger; something up in the a ir;
some remote possibility. A t the same time, Senators have not
been so careful o f the rights o f American citizens themselves in
South Am erica or in Mexico. Here we have before us an ex
ample. I have to-day received a telegraphic request or invi
tation, as other Senators have, to visit the city o f El Paso to see
and interview 2,500 or 3,000 American citizens who have been
driven from M exico in destitution. They have been compelled
to abandon their homes and possessions, and we are now about
to pass a joint resolution to take money out o f the Public Treas
ury— and that join t resolution I shall vote for— to send these
wretched people to some place. I do not know whether they
have homes to go to, but to send them to some place o f refuge
at the public expense.
I can not forbear at this juncture from drawing a contrast
between that anxiety in a particular case upon the part of
Senators to protect the American people against a danger that
is, at least, exceedingly remote in its possibilities while we re
main silent when our own people, under our treaties domiciled in
M exico, are being ruthlessly mistreated, in many instances losing
their lives, and are being driven from their homes in that
country. We remain silent, except to authorize the use o f the
public money to transport them to the interior o f the country.
I think we would do well if we cared a little more for the
real thing that is confronting us than to lose our heads over
RECORD— SENATE.
10047
the possibility o f a danger that hangs, if it exists at all, so far
aw ay on the horizon that we can scarcely discern it.
Mr. SM ITH o f Arizona. Mr. President, if it does not inter
fere with the joint resolution introduced by the Senator from
Texas, I should like to have it embrace such refugees as shall
also be at Douglas and Naco, Ariz. But to be frank with the
Senator, I am in hearty sympathy with his resolution, and I
would not even suggest this amendment if it in any way em
barrasses the measure. I am not informed o f any refugees at
Naco or Douglas, but there have been many coming through
these ports for a long time. I have no doubt conditions exist
in these cities somewhat similar to that in El Paso, but not in
any way to the same extent. I imagine that if the joint reso
lution included these two cities, the fund provided will be suffi
cient to care for them. I f the Senator gives his permission, I
should like to have those two places included in the joint
resolution.
Mr. BAILEY. Mr. President, undoubtedly if the same condi
tion exists at the points designated by the Senator from A ri
zona as we know exists at El Paso, the same provision ought
to be made to meet that condition, and I have no objection at
all. I would say to the Senator, however, that it would be
necessary to provide the machinery by a further amendment as
to the disbursement o f the money.
The joint resolution was originally drawn providing that the
vouchers should be approved by the commander, his namq being
stated. It occurred to me that if that commander should hap^
pen to die or be removed or sent to another place* before the
joint resolution was executed we would have a difficulty. So
I simply provided for the commander, so that whoever might
be the commander at the time could act.
Mr. GALLINGER. May I ask the Senator a question’
Mr. BAILEY. Certainly.
Mr. GALLINGER. The fort is at El Paso?
Mr. BAILEY. Fort Bliss is at El Paso.
Mr. GALLINGER. As to the vouchers, these men w ill have
their railroad tickets and they w ill be on their journeys. W hat
good w ill a voucher do after they are on their travels?
Mr. BAILEY. The officer who supplies them with money
ought to take their receipts so that he may file them with the
W ar Department as an evidence that the money was expended
for the purpose o f the appropriation.
Mr. GALLINGER. He w ill take the receipt when they get
their transportation?
Mr. BAILEY. Certainly.
Mr. GALLINGER. I think that ought to be done.
Mr. BA ILEY. All the parties who come within the pro
vision o f the join t resolution are now being cared for by the
United States through that Arm y post supplying them with
provisions and doubtless with shelter. There are two or three
thousand, and I regret to say that inform ation comes even to
day which makes it entirely probable that that number will
be augmented within the next 24 hours.
Mr. GALLINGER. Will the Senator kindly permit me?
Mr. BAILEY. Certainly.
Mr. GALLINGER. W hat class o f people are these? Are
they driven from mines and other occupations in M exico?
Mr. BAILEY. From mines, farms, and ranches, and all em
ployment wherever found.
Mr. President, I hardly think that the resentment which the
American people are certain to feel against some recent oc
currences there ought to be intensified by a recital o f them on
this floor, and I intended .that the joint resolution should pass
without any mention o f them.
Mr. GALLINGER. I will say to the Senator that I did not
understand the point the Senator from Arizona suggested, but
it occurred to me that probably the same condition exists to
some extent at Laredo. I do not know whether it does or not.
Mr. BAILEY. I f so, I have not been advised o f it, and I
doubt it. I am sure it is not so serious there, because the war
now desolating our neighboring Republic is near and around
El Paso, and the people now being driven by unspeakable bar
barities and inhumanities from the Republic o f M exico are
crossing into the United States at and near El Paso.
Mr. FALL. Mr. President-----Mr. BAILEY. I yield to the Senator from New M exico. He
knows all about the situation there.
Mr. FALL. I will state in answer to the question o f the Sena
tor from New Hampshire that the States o f Tamaulipas, Nuevo
Leon, and Coahuila, which are opposite Laredo, are the three
States in the Republic o f Mexico that are not in armed revolu
tion, and the people who are coming into El Paso are from the
lumber industry at Madero, where 2G9 women and children
came out a day or two ago from the mines at Dolores and other
mines in Chihuahua and from the American colonies at Casas
1 0048
CONGRESSIONAL RECORD— SENATE.
6rand.es and other places. There are a dozen agricultural
colonies settled by Americans, and they also come from the
ranches, such as the Corralitos Ranch. I have here a telegram
about the driving out those people from the colonies and mines
o f Sonora. The Senator from Arizona is correct about that.
There are some o f the American citizens from those colonies
who are being driven oiit o f Sonora, and they are coming into
Arizona through Naco and Douglas. A majority o f them are
able to come across the country, and even those who come from
near Douglas generally come out through El Paso; but some of
them are arriving at Douglas and Naco.
Mr. McCTJMBER. Mr. President-----The PRESID EN T pro tempore. Does the Senator from Texas
yield to the Senator from North Dakota?
Mr. BAILEY. Certainly.
Mr. McCUMBER. May I suggest to the Senator from Texas
that I think we ought to amend the joint resolution with refer
ence to the words “ transportation to such place as he may
elect ” and insert in lieu thereof “ the necessary transporta
tion ” ? I f it becomes a law there is no authority to limit the
place by the W ar Department, because the joint resolution itself
specifically declares that the transportation shall be furnished
to such places as the party desiring it may elect. He may
elect to go with his fam ily to New York, or to Minnesota, or
any other place in the United States. I think if you have a
limit o f only $100,000 most o f it would be utilized in transpor
tation and very little for the immediate necessities.
I believe the Senator will agree with me that there ought to
be some limitation or some one authorized to determine what
would be an appropriate amount to expend for transportation
in each particular case.
Mr. BAILEY. Mr. President, I am assuming that under the
condition which exists there these unfortunate refugees will
only ask to be sent to such places as they may reasonably hope
to find employment.
I f I believed that this generosity o f the Government would be
seriously abused I would readily accept the suggestion o f the
Senator from North Dakota, but some o f those people w ill go
into Idaho, some to Utah, and some probably will go to other
parts o f Texas. I feel confident that in their present distressful
condition they will not attempt to defraud the Government.
It is not a proposition to do more than to send them where
they can again become useful to themselves. I think we are
hardly authorized to hope that they could go back with safety
to Mexico within a reasonable time, and with the harrowing
experience through which some o f them have passed they will
probably never want to go back there at all. I hope the Sen
ator w ill not insist on that amendment.
Now, Mr. President, I want to say to the Senator from
Arizona [Mr. S m it h ] that if it should transpire that places in
his State require this provision he can as readily pass it, and
more readily, probably, than we are passing this joint resolution;
and as he does not know' that there is any call for assistance
there, I suggest that he leave this to pass and rely upon the
willingness o f the Senate to respond to his call whenever he finds
it necessary to make it.
Mr. SM ITH o f Arizona. Mr. President, I will adopt the sug
gestion o f the Senator from T exas; but I have in my hand a
telegram which led me to make the suggestion. I wrill not read
it for the same reason that the Senator from Texas refrained
from stating conditions there, but I know from where the tele
gram comes that the people o f wT
hom the sender o f the wire
speaks live, in the northern part o f ‘ Arizona, and they would
come into the United States either at Naco or Douglas. I said
Nogales, but I meant the town o f Naco. The refugees o f whom
this man telegraphs lived in Arizona, as I understand; but
adopting the suggestion o f the Senator from Texas I shall in
quire into the matter. I expect, as he already guarantees, and
I know', that the Senate in a case o f like necessity will likewise
respond to it.
Mr. STONE. Mr. President, I should like to ask what there
is about the situation that we need to treat it so tenderly. I f it
be a fact that American citizens are passing through harrowing
scenes in Mexico, that they are being abused and outraged in
contravention o f our treaty with Mexico, and their rights, if
they are being driven like cattle, barefooted and half clothed,
out o f Mexico, leaving them in such a state o f destitution that
we must appeal to the Public Treasury to relieve them, what is
there about it that should be treated-----Mr. BAILEY. W ill the Senator permit me to make a sug
gestion?
The PRESID EN T pro tempore. Does the Senator from Mis
souri yield to the Senator from Texas?
Mr. STONE. Certainly.
Mr. BAILEY. I will say to the Senator frankly that there
are some things I sh ou ld ‘like to say, there are some things I
A
ugust
2
have been on the point o f saying, not only as to the treatm em
o f these people who have fled from Mexico, but as to the treat
rnent o f citizens o f Texas by the Army o f the United States'
but I have refrained from doing so, because the Senate ha
already authorized the appointment o f a committee to inquir
into this situation, and I thought it better to withhold my obser6
vations until that committee has concluded its work and m
ad"'
its report. I f that committee finds conditions such as they hay6
been represented to me, then I w ill join the Senator from Mis*
souri in such plain speech as w ill be entirely satisfactory to* the
most warlike disposition.
Mr. STONE. To what committee does the Senator allude?
Mr. BAILEY. The Senate authorized the Committee on
Foreign Relations to appoint a subcommittee to inquire into
this situation.
Mr. STONE. To inquire, if the Senator w ill permit me___
M BAILEY. And, of course, it will, after inquiring, report
r.
to the Senate. That subcommittee has already been designated
I applied to the honorable chairman o f it this morning to
ascertain w'hen he would proceed with the work, and made som
e
suggestions, and when assured by him that the committee
intended to proceed without any lack of diligence, I concluded to
postpone what I might otherwise have said now.
Mr. STONE. Is that the committee presided over by the
senior Senator from Michigan [Mr. S m it h ] ?
Mr. BAILEY. It is.
Mr. STONE. Well, that committee, as I understand, is
authorized particularly to investigate whether any citizen or
person owing allegiance to the United States had been engaged
in fomenting rebellion in Mexico. The newspapers have con
tained statements that Americans were interested in financing
and supporting and organizing revolutionary movements
Mexico, and this committee was appointed to find out whether
that wa& true, and, if so, to what extent. I do not understand
that the committee has been appointed to make inquiry as to
the wrongs done by Mexicans to American citizens; that is
outside o f the purposes for which that committee was appointed.
I think it would be well to have that committee or some other
committee authorized to extend the inquiry along that line, so
that we might have some authentic data, some sound, reliable
information respecting the misconduct o f Mexicans in their
treatment o f American citizens lawfully domiciled in that
Republic. Whatever others may say or think or do, for one I
intend to continue to register my protest against the Senate and
the other House looking on at this spectacle that should bring
a blush o f sliatne to every American cheek and remaining silent
in the presence o f it.
Mr. BAILEY. Mr. President, I want to say, and I will detain
the Senate no longer than it is necessary to say, that if the
committee prosecuting this investigation shall ascertain the con
dition to be as it has been represented to me, the American
Congress w ill be required to take cognizance o f i t ; but I do not
myself feel at liberty to comment upon the things which have
e
been repeated to me, though, in some instances, they have com
from correspondence with the most reputable citizens o f Texas.
I have no shadow o f doubt that the statements which they have
made are believed by them to be absolutely true. Neither do I
doubt-— and I question the propriety o f saying even this much—
that there is now a deliberate and systematic attempt on the
part o f certain persons to force an intervention upon the United
States; but surely Congress will not take a step so serious as
that until it is possessed o f all the information obtainable and
has obtained that information through one o f its own com
mittees.
* .
Mr. SM ITH o f Arizona. Mr. President, it was not from any
fear o f the responsibility involved in the matter, nor was it
from any lack o f a desire to protect American citizens to as
full a degree as would the Senator from Missouri [Mr. Stone],
or any other Senator on this floor, that I refrained from reading
the telegram. The person who sent it was many miles away
from the scene o f the trouble. The information he had was
from reports o f which I personally can know nothing. I do
not wish to read sensational telegrams to the Senate, which,
after investigation, might possibly prove to be not altogether
correct. I repeat it was not from any fear o f saying anything
which might be necessary here or elsewhere to protect an
American citizen in his rights, not only in Mexico, but in any
other country, which prevented me from reading the telegram.
Before this session comes to its long-delayed end it may become
necessary to read not only the telegram now in my hands, but
many others, in order that some action may be taken by Con
gress to relieve the horrible conditions now prevailing in our
sister Republic. That something must be done either by the
State Department or by Congress at an early date has gone
beyond the necessity o f argument or further debate.
1912.
resentative
A
red
CONGRESSIONAL RECORD— SENATE.
aiul Senator.
That is the w ay they are dis• r it is made a public document. In this order
t • t the Senator desires to have the copies for
uate, and therefore I made the request that it
mate document.
objection, the -order was reduced to writing
, __fo llo w s :
Ordered, That 1,000 additional copies of Senate Document S70, being
the report on the Lawrence strike, be printed for the use of the Senate
document room.
T H E M E T A L SCHEDULE.
Mr. PENROSE. Mr. President, it is quite important, in order
to facilitate the meetings o f conferees on other tariff bills,
that the conference report on the metal bill should be submitted
to the Senate. I understand that this course meets the ap
proval o f the Senator from North Carolina [Mr. S im m o n s ].
Mr. SIMMONS. Mr. President, I suggest the absence o f a
quorum.
The PRE SID EN T pro tempore. The Senator from North
Carolina suggests the absence o f a quorum. The Secretary
w ill call the roll o f the Senate.
The Secretary called the roll, and the follow ing Senators
answered to their names:
Ashurst
Bacon
Bankhead
Borah
Bourne
Brandegee
Bristow
Bryan
Burnham
Burton
Clark, Wyo.
Crawford
Cullom
Dillingham
Fletcher
Gailinger
Gronna
Guggenheim
.Tohnson, Me.
Johnston, Ala.
Jones
Kern
La Follette
Lodge
McGumber
Martin, Va.
Martine, N. J.
Massey
Nelson
O’Gorman
Overman
Page
Penrose
Perkins
Poindexter
Pomerene
Iteed
Sanders
Shively
Simmons
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Thornton
Tillman
Townsend
Warren
Watson
Works
Mr. BOURNE. Mr. President, I desire to announce that my
colleague [Mr. C hamberlain ] is unavoidably detained on official
business, and that he has a general pair with the junior Senator
from Pennsylvania [Mr. O liver ].
Mr. THORNTON. I desire to announce the necessary ab
sence o f my colleague [Mr. F oster]. I ask that this announce
ment may stand for the day.
Mr. M ARTIN E o f New Jersey. I was requested to announce
that my colleague [Mr. B riggs] is unavoidably detained from
the session o f the Senate.
The PRE SID EN T pro tempore. On the call o f the roll of
the Senate 5J Senators have responded to their names, and a
quorum o f the Senate is present.
Mr. PENROSE submitted the follow ing report:
The committee o f conference on the disagreeing votes o f the
tw o Houses on the amendments o f the Senate to the bill CH. R.
1S642) 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, with
Senate amendments, having met, after full and free conference
have decided to report and do report to their respective Houses
as fo llo w s :
That the conferees have been unable to agree on amend
ments numbered 3 and 4.
B oies P enrose,
PI. C. L odge,
F. M. S im m ons ,
M a n a g e r s on th e p a r t o f th e S e n a te .
O. W . U nderwood,
A. M itchell P almer ,
Sereno P a i n e ,
M a n a g e r s on th e p a rt o f th e H o u s e .
The PRESIDENT-TWO tempore. The question is oh agi-eeing
to the l^ptift o f the committee o f conference.
Mj^ ' u RONNA. Mr. President-----SIMMONS. I move that the Senate recede from its
amendments.
Mr. PENROSE. I ask for the yeas and nays on that motion.
Mr. OVERM AN- j suggest the absence « f a quorum.
Mr. PENROSE. T fia t 'sam c'Jm ggestion has been recently
made, and the roll called.
Mr. OVERMAN. I know th at; but I think the Senator w ill
agree that there are very few on this side o f the Chamber.
The PRE SID E N T pro tempore. The Senator from North
Carolina suggests the absence o f a quorum. The Secretary will
call the roll.
10121
The Secretary called the roll, and the follow ing Senators annam es:
Bacon
Ashurst
Bankhead
Borah
Bourne
Brandegee
Bristow
Bryan
Burnham
Burton
Chamberlain
Clapp
Clark, Wyo.
Crane
Crawford
Cullom
Dillingham
Fletcher
Gailinger
Gronna
Guggenheim
Johnson, Me.
Johnston, Ala.
Jones
Kern
La Follette
Lodge
McCumber
Martin, Va.
Martine, N. J.
Massey
Myers
O’Gorman
Overman
Page
Penrose
Perkins
Poindexter
Pomerene
Reed
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
Watson
Mr. WATSON. I desire to announce the absence o f my col
league [Mr. C hilton ], on account o f illness.
The PRE SID EN T pro tempore. Upon the call o f the roll of
the Senate 55 Senators have responded to their names. A quo
rum o f the Senate is present. The question is-----Mr. GRONNA. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from North
Dakota rise to this question?
Mr. GRONNA. I rise to this particular question. Mr. Presi
dent, I wish to address m yself to the conference report.
The PR E SID E N T pro tempore. The Senator will suspend
until the Chair states the pending question to the Senate. The
question before the Senate is on the motion o f the Senator
from North Carolina [Mr. S im m o n s ] that the Senate recede
from its amendments. The Senator from North Dakota has
the floor.
Mr. PENROSE. I f the Senator from North Dakota w ill
permit me-----Mr. SIMMONS. A parliamentary inquiry, Mr. President.
The PRE SID EN T pro tempore. The Senator from North
Carolina will state his parliamentary inquiry.
Mr. SIMMONS. I desire to inquire whether my motion to
recede should be preceded by a motion to agree to the confer
ence report, which is a report to the Senate o f the disagreement
on the part o f the conferees.
The PRE SID EN T pro tempore. The Chair is o f the opinion
that it does not have to be preceded by such a motion, but if
there is a precedent to the contrary the Chair is ready to con
form to it.
Mr. PENROSE. Mr. President, if the Senator from North
Dakota [Mr. G ronna ] w ill permit me one moment, for the in
form ation o f the Senate, as it has been, I believe, nearly two
months since this bill passed the Senate, I w ill state that the
question now before the Senate is that the Senate should recede
from the amendment repealing what is known as the reciprocity
bill, which was attached to the metal bill by the Senate. In
the numerous tariff transactions which have occurred since the
metal bill was passed, I think it well to remind the Senate o f
the exact status o f this particular measure. The question is
on the Senate receding from the amendment repealing the
reciprocity act.
The PRE SID EN T pro tempore. The Senator from Pennsyl
vania correctly states the question. I f it is desired, the amend
ment from which it is proposed to recede w ill be read to the
Senate.
Mr. PENROSE. I ought to say, Mr. President, that the sec
ond amendment in disagreement is merely the numbering o f a
paragraph, the introduction o f the amendment repealing the
reciprocity act having' required a change in the numbering o f
the paragraphs.
Mr. GRONNA. Mr. President, it is not my purpose to detain
the Senate this morning for any considerable length o f time, but
I do wish to know what is intended by Senators on the other
side of the Chamber so far as the reciprocity amendment is
concerned. I understand that the purpose' is to move that the
Senate recede from its amendment providing for the repeal o f
the reciprocity act. I should like to know what opportunity
there w ill be, or if there w ill be any opportunity, to have the
measure reported by the Senator from Idaho [Mr.
eybubn
repealing the reciprocity act, taken up and passed during this
session. I am not stating it as a fact, but I apprehend, Mr.
President, that the amendment providing for the repeal o f the
reciprocity act w ill be retained on such bills as the President is
sure to veto. I never offered the reciprocity amendment to any
bill for the purpose o f defeating the bill. I am interested in the
measure itself and to help, so far as I.am able, to do justice to
the struggling millions in this country.
You may think you can fool the Am erican farmer, but I want
to say to you that you can not. Are we to eliminate the reci
procity amendment from all such bills as by a possibility the
II
],
10122
CONGRESSIONAL RECORD— SENATE.
A ugust 3
>
President might approve, anti leave it on a measure tlie Presi should-face that proposition the same as they should face e
dent is sure-to veto?
other question, unafraid and frankly. I do not believe t.6py
I do not know whether I have a right to ask the question or Democi-ats can hope to be successful at the polls by pa,. - ^
not, and if I do not have the right I shall be glad to withdraw bills, or by refusing to repeal an act that discriminates u 'j '.8lllg
it. but I should like to know from Senators on the other side the many in the interest o f a few —in the interest o f oojj!lllst
o f the Chamber, and especially from the Senator having this tions, which are absolutely in control o f the great industrm °la '
bill in charge, what opportunity, if any, will be afforded to i>ass this country.
's °f
ns an independent measure the bill providing for the repeal of
Mr. PENROSE. Mr. President, will the Senator permit m
the reciprocity act?
interrupt him?
me to
Mi". SIMMONS. Mr. President-----The PRESIDEN T pro tempore. Does the Senator from \
* 0rth
The PRESID EN T pro tempore. Does the Senator from North Dakota yield to the Senator from Pennsylvania.
Mr. GRONNA. Yes.
Dakota yield to the Senator from North Carolina?
Mr. GIIONNA. I do.
Mr. PENROSE. Can the Senator from North Dakota ima?.
Mr. SIMMONS. In reply to the inquiry of the Senator from any reason which would render a provision repealing the* >
North Dakota, with l-espect to some independent measure deal procity act objectionable on the metal bill and not objectiomm*'
ing with the repeal o f the reciprocity act, I can only say to him on the excise bill? I f it is a good amendment to the excise 1 -i
that I myself have not any knowledge o f the attitude o f Sena why is it not a good amendment to the metal bill?
Mr. GRONNA. Well, Mr. President, I would much pref
tors on this side o f the Chamber with reference to the measure
er to
to which he refers. I understand that the Senator from Idaho see the amendment on the sugar bill.
[Mi*. II eyburn ] has reported a bill of that character, but what
Mr. McCUMBER. Mr. President, if my colleague will an
opportunity will bo afforded to vote upon that bill and what me, the question suggested by the Senator from Pennsyiy. .v
will be the attitude o f this side o f Chamber with reference to is the same question I asked quite a number o f R u r^
ep b
it, I am not authorized to say.
Senators who voted against an amendment repealing the lCa?
The Senator has just stated that it is proposed to retain the procity act the other day in connection with another bill. r° c*'
amendment repealing the reciprocity act upon a bill which the
Mr. GRONNA. I know my colleague offered such an "am
President would be sure to veto. Mr. President, two o f the ment and I voted for the amendment, as the R ecord will
tariff bills which have been passed had attached to them this I am extremely anxious, Mr. President, to see the recipro °-U
amendment to repeal the reciprocity act. One is the bill now act repealed.
C *Y
1
Mr. SIMMONS. Mr. President-----before the Senate, known as the metal bill, and the other is the
excise bill. The Senator has expressed the opinion, as I under
The PRESIDENT pro tempore. Does the Senator from \
stood him, that the President would veto the excise bill. I do Dakota yield to the Senator from North Carolina?
Mr. GRONNA. Y es; I yield.
not know what the President will do in inference to that b ill;
but has the Senator any reason to suppose that the President is
Mr. SIMMONS. While I was on my feet a moment a«more likely to veto the excise bill than he is to veto the metal should have made an additional statement, but I will m a u
bill now under consideration? The statement has been made by now to the Senator. It is this: I f the conferees should a
Senators on the other side, professing to speak for the Presi as I am sure they will, to report the excise bill, Senators160’
dent, that the President has already made up his mind and has this side o f the Chamber w ill join the Senator from \ ?n
probably notified the steel producers and manufactui'ers o f this Dakota in repealing that part o f the reciprocity act which b
country, that if the metal bill were sent to him he would veto not up to this time gone into effect because of the nonaction 38
°*
it. That is not a part of our business, however. I am simply Canada.
Mr. GRONNA. The Senator assures me that the Members
answering the suggestion o f the Senator from North Dakota.
1
the other side o f the Chamber w ill place such a provision____0 1
Mr. GALU N GER. Mr. President-----Mr. SIMMONS. I meant on the excise bill. I f I said th
The PRESIDENT pro tempore. Does the Senator from North
steel bill, I meant the excise bill-----Carolina yield to the Senator from New Hampshire?
Mr. GRONNA. The Senator also assures me that the Sena
Mr. SIMMONS. Certainly.
Mr. GALLINGER. W ill the Senator specify any Senator, on tors in this Chamber will to the best o f their ability exert ever
influence on the House to see that it passes that body.
^
this side who has made a declaration o f that kind?
Mr. SIMMONS. I can speak only for the Senators on tlr
Mr. SIMMONS. I could do so, but I do not care to.
8
Mx\ GALLINGER. It must have been in private conversation. side o f the Chamber, and I have undertaken to speak for the1
Mi-. SIMMONS. For that reason I decline to give the name because I have authority conferred upon me to do that, p.!?
o f any Senator who has spoken to me in reference to it.
of course, I can not give the Senator any assurance with refo ’
Mr. GALLINGER. I simply want to put in the R ec or d the ence to the action o f the House. I can express to the Senm
fact that no such declaration has ever been made on the floor an opinion, and that opinion is that the m ajority o f the
o f the Senate on this side o f the Chamber.
will concur in the repeal o f that part. I may be mistaken al! !^
Mr. SIMMONS. No such declaration has been made on the that. I only express the opinion which a Senator, who, bavin
floor of the Senate, and I.have not said that any such declaim - intei-ested himself in this rnattei*, might properly entertain a! ?
^
tion has been made on the floor o f the Senate; but I was advised with propriety, I think, express.
yesterday— I am not now speaking about any conversation I
Mr. GRONNA. Mr. President, when I rose this morning
have had with Senators on the other side about this matter— was with the hope that I could prevail upon some member f
but I was advised yesterday by a newspaper man that the the Finance Committee to call up this measure this mornin
President had authorized the statement to be made to the manu and that the Senate would give unanimous consent for the iuS
facturers o f Pennsylvania that he would veto it and that they mediate consideration o f an independent measure providing fU
could rely upon his doing so. That is a mere rumor, and I am the repeal o f the reciprocity act.
not vouching for it.
As I have said before, I do not know that the President will
veto these bills if they are agreed to here, but I have reason t
Mr. GALLINGER. A mere newspaper statement.
Mr. SIMMONS. All I can assure the Senator with respect to believe that he will not approve all o f them. We are very nniei°
this matter is that there will be action on the part o f the con interested in this measure, and there are interested in it a g reaT
ferees upon the excise bill. The conferees have been appointed ; number o f people in the United States, the farmers all over this
they have had a preliminary conference, and they will on Mon country, 35,000,000 people, who depend upon the agricultural
day or Tuesday meet and act. I can assure the Senator that industry for their comfort and for their living, and it means
when that bill comes before the Senate—and it will come befoi-e more than any mere political policy. It means doing justice to
the Senate as it will come before the House, and I think I can a great number o f American citizens.
say it will be acted upon by the House and by the Senate, and
I have on every occasion, by my vote and otherwise, tried to
when that action is taken the Senator w ill have an opportunity have this iniquitous measure repealed. I f tlie reports in the
to vote for the repeal o f at least a part of the i-eciprocity act, papers are true, even the President o f the United States now
that part in which the Senator is interested and in which the realizes that it was a mistake to pass it. But I can readily
millions of farmers for whom he says he is speaking are inter see that it w ill afford an excuse for vetoing reciprocity on these
ested. I can give the Senator that assui-ance, but further than tariff bills if the rates o f duty are too low-, if they are lower
that I am unable to go.
than the rates such as are advocated, not by the President of
Mr. GRONNA. Mr. President, I thank the Senator from the United States, but the Republican Party o f this country.
. North Carolina for his frank statement. I have no right to
I again want to ask the Senator from North Carolina if
speak for nor do I propose to speak for the President o f the it will not be possible to come to some agreement and have som
e
United States. I do not know what he intends to do, but I have understanding that this independent measure shall be taken up
a right to my opinion as to what he will do. I believe the and passed not only in this body but in the other body, proreciprocity act should be repealed, and believe the Democrats viding the paper provision is eliminated.
1912.
CONGRESSIONAL RECORD— SENATE.
other, then he has no justification for the assumption that the
President will not sign it, and having no justification for an
assumption of that kind, there is no reason why he should, op
pose this proposition being attached to the bill. I f I believed it
ought to be repealed, then I would put it upon a bill that
would go to the President and allow him to exercise his judg
ment upon it, and that is all we are asking on this side.
Mr. TH ORNTON. Mr. President, if the Senate has honored
me by paying the slightest attention in the past to my position
on the subject of the Canadian reciprocity treaty, its Members
must know of my intense opposition to that measure.
For
reasons which I have stated before on this floor and do not
deem it necessary to restate now, from the standpoint of prin
ciple, the bill is to me particularly odious. Yet I am going tt>
vote on the pending question with my fellow Democrats; but I
wish it to be very distinctly understood that in doing so I do
not relax any of my opposition to the Canadian reciprocity
bill. However, I do feel justified in believing that my act in
this matter will assist toward the y.h4hRilh.Tepeal of the reci
procity bill, and for that rea's'oft 'T Teel justified in taking the
action that I will this morning.
The P R E SID E N T pro tempore. The question is on the mo
tion of the Senator from North Carolina [Mr. S im m o n s ], that
the Senate recede from its amendment.
Mr. PENROSE. I ask for the yeas and nays.
The yeas and nays were ordered, and^the Secretary proceeded
to call the‘ roil.
Mr. B A IL E Y (when his name was called). I am paired with
the Senator from Montana [Mr. D ix o n ]. I therefore withhold
my vote.
Mr. B U RN H AM (when his name was called). I have a gen
eral pair with the junior Senator from Maryland [Mr. S m it h ].
In his absence I withhold my vote. I f at liberty to vote, I
Would vote “ nay.”
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from W est Virginia [Mr. C h il t o n ],
I transfer that pair to the Senator from South Dakota [Mr.
G a m b l e ] and vote “ nay.”
Mr. D U PONT (when his name was called). I have|a gen
eral pair with the senior Senator from Texas [Mr. C u lberson ].
As he is not in the Chamber, I withhold my vote. I f he were
present and I were free to vote, I would vote “ nay.”
Mr. McCUM BER (when his name was called). I haveTi gen
eral pair with the senior Senator from Mississippi [Mr. P $ rcy ].
The Senator from W est Virginia [Mr. W a t s o n ] has ai pair
with the Senator from New Jersey [Mr. B big gs ]. S o that we
may both vote, I transfer my pair with the senior Senator t o m
Mississippi to the Senator from New Jersey [Mr. B riggs ] ! I
vote “ nay.”
\
Mr. PENROSE (when his name was called). The junil
Senator from Oregon [Mr. C h a m b e r l a in ] has a pair with nr
colleague, the junior Senator from Pennsylvania [Mr. O l iver ],
and I have a pair with the junior Senator from Mississippi [Mr.
W il l i a m s ]. I will transfer my pair with the Senator from
Mississippi [Mr. W i l l i a m s ] to my colleague [Mr. O liver ],
which will permit the Senator from Oregon and myself to vote.
He having already voted, I will vote. I vote “ nay.”
Mr. DU PONT (when Mr. R ich a r d so n ’ s name was called).
My colleague [Mr. R ich a r d so n ] is absent from the city. He
bas a general pair with the junior Senator from South Carolina
[Mr. S m i t h ]. I f my colleague were present and free to vote,
be would vote “ nay.”
Mr. SM ITH of South Carolina (when his name was called).
I have a pair with the Senator from Delaware [Mr. R ich a r d
so n ],
I transfer that to the Senator from Maine [Mr. G ard
n er ] and will vote.
I vote “ yea.”
Mr. SMOOT (when Mr. S t e ph en so n ’ s name was called). I
desire to announce the absence from the city of the Senator
from Wisconsin [Mr. S t e p h e n s o n ]. He has a general pair with
the Senator from Oklahoma [Mr. G ore ]. I f the Senator from
Wisconsin were present and free to vote, he would vote “ nay.”
Mr. SU TH E R LA N D (when his name was called). I have a
Pair with the Senator from Maryland [Mr. R a y n e r ]. In his
absence I withhold my vote. I f I were free to vote, I should
Vote “ nay.”
Mr.- W A R R E N (when his name was called). I have a pair
With the senior Senator from Louisiana [Mr. F oster ] and
therefore withhold my vote.
Mr. W A T SO N (when his name was called). I have a gen
eral p a ir w ith the senior Senator from New Jersey [Mr. B riggs ],
but under the double transfer as stated by the Senator from
-North Dakota I am at liberty to vote. I vote “ yea.”
Mr. W E T M O R E (when his name was called). I have a gen
eral ] a ir with the senior Senator from Arkansas [Mr. Cl a r k e ],
aud therefore withhold mv vote. I f I were at liberty to vote, I
10125
should vote “ nay.” I desire also to announce that my colleague
[M r. L ip p it t ] is unavoidably absent. H e has a pair with the
senior Senator from Tennessee [Mr. L e a ].
I f my colleague
were present and free to vote, he would vote “ nay.”
The roll call was concluded.
Mr. C H A M B E R L A IN (after having voted in the affirmative).
I have a general pair with the junior Senator from Pennsyl
vania [Mr. O l iver ], I transfer that to the junior Senator from
Mississippi [Mr. W i l l i a m s ] and will let my vote stand. W hile
I am on my feet I desire to announce that the Senator from
Oklahoma [Mr. O w e n ] is paired with the senior Senator from
Nebraska [Mr. B r o w n ].
Mr. GUGGENH EIM . I have a general pair with the senior
Senator from Kentucky [Mr. P a y n t e r ], who is not in the city.
I will transfer that pair to the junior Senator from Kentucky
[Mr. B r ad l ey ] and will vote. I vote “ nay.”
Mr. M A R T IN E of New Jersey. I desire to announce the pair
existing between the Senator from Arkansas [Mr. D a v is ] and
the Senator from Kansas [Mr. C u r t is ], I make this announce
ment for the day.
Mr. B A N K H E A D (after having voted in the affirmative). I
have a general pair with the senior Senator from Idaho [Mr.
H e y b u b n ], who is absent. I therefore withdraw my vote.
Mr. W A TSO N . In announcing the absence ami pair of my
colleague [Mr. C h il t o n ] I desire to say that if he wbr-e present
he would vote “ yea.”
The result was announced— yeas 33, nays 28, as follow s:
Ashurst
Bacon
Bristow
Bryan
Chamberlain
Clapp
Crawford
Fletcher
Hitchcock
Y E A S — 33.
Johnson, Me.
Overman
Johnston, Ala.
Poindexter
Kern
Pomerene
La Follette
Reed
Martin, Va.
Shively
JYiartine, N. J.
Simmons
Myers
Smith, Ariz.
Newlands
Smith, Ga.
O’Gorman
Smith. S. C.
N AY S— 28.
Jones
Lodge
McCumber
McLean
Massey
Nelson
Page
NOT VO TIN G — 33.
Bailey
Curtis
Kenyon
Bankhead
Davis
Lea
Bradley
Dixon
Lippitt
Briggs. .
du Pont
Oliver
Brown
Foster
Owen
Burnham
Gamble
Paynter
Chilton
Gardner
Percy
Gore
Clarke, Ark.
Rayner
Heyburn
Culberson
Richardson
So the motion of Mr. S i m m o n s was agreed to.
Borah
Bourne
Brandegee
Burton
Catron
Clark, W yo.
Crane
Cullom
Cummins
Dillingham
Fall
Gallinger
Gronna
Guggenheim
The P R E SID EN T pro tempore.
Stone
Swanson
Thornton
Tillman
W atson
Works
Penrose
Perkins
Root
Sanders
Smith, Mich.
Smoot
Townsend
Smith. Md.
Stephenson
Sutherland
Warren
Wetmore
W illiam s
The bill stands passed.
POST OFFICE APPROPRIATION BILL.
BOURNE. I ask unanimous consent that the Senate re
sume tlieconsideration of the Post Office appropriation bill.
Thereoeiitg no objection, the Senate, as in Committee of the
Whole, resumed -the consideration of the bill (II. R. 21270)
making appropriations for the service of the Post Office Depart
ment for the fiscal year ending June 30, 1013, and for other
purposes.
Mr. SM ITH of South -Carolina obtained the floor.
LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL.
Mr. W A R R E N . Sir. President------The PR E SID E N T pro tempore. The Chair has recognized
the Senator from South Carolina.
Sir. W A R R E N . I was about to ask the Senator from Oregon
[Sir. B o u r n e ] to yield for the consideration of the conference
report on the legislative, executive, and judicial appropriation
bill (H . R. 24023). It is exceedingly important that it should
be acted upon and disposed of as early to-day as possible. As
the Senator from South Carolina has the floor I ask whether
he will yield to me for that purpose.
Sir. SS1ITH of South Carolina. I have no objection to yield
ing the floor for that purpose, with the understanding that I
will resume it as soon as that matter is disposed of, if that
is agreeable to the chairman of the Committee on Post Offices
and Post Roads in charge of the Post Office appropriation bill.
Sir. BOURNE. It is perfectly agreeable to me, Sir* Presi
dent. I realize the importance of the request of the Senator
from Wyoming, and, with the consent of the Senator from South
Carolina, I am glad to yield to him.
Sir. W A R R E N . Then, I ask the Senate to resume the con
sideration of the report of the committee of conference on
the legislative, executive, and judicial appropriation bill. The
10126
CONGRESSIONAL RECORD— SENATE.
A ttgtjs- 3
x
report lias been printed in the R e c o r d , and has also been
Mr. OVERMAN. The reason I make this statement
printed as a separate document, which has been distributed and Senator from Wyoming will excuse me a moment, is been
is on Senators’ desks.
a remark made by the Senator from Missouri, ’which ]U8e °f
The PRESID EN T pro tempore. The question is on agreeing kindly corrected in the R ecord. I understood him to sn'-6 ^
to the conference report.
the Senate conferees had succeeded in saving the sal |v
five judges. I wanted him to understand that we had v-es °f
Mr. CUMMINS obtained the floor.
Mr. OVERMAN. Before the Senator from Iowa begins to only after a very strenuous opposition on the part of the*61^
House, finding that we could not agree without yieldin'* ° ^ G
r
speak 1 should like to make a brief statement.
The PR ESID EN T pro tempore. Does the Senator from Iowa
Mr. CUMMINS. Mr. President, the subject that I was
yield to the Senator from North Carolina?
to hying to the attention of the Senate first does not rel
Mr. CUMMINS. I yield.
the Commerce Court, but it relates to the civil service r
Mr. OVERMAN. For the information of the Senate I desire United States. The effect of the bill agreed upon by thp
merely to make a brief statement. I was a member of the confer ferees would be to abolish the civil service as we understn i0t1
'
ence committee. The Senate attached an amendment to the leg W e might as well face the proposition squarely and C . it.
on
islative, and so forth, appropriation bill abolishing the judges of what we shall do with it. The proposition is to a p p o in t 6 ’
1
the Commerce Court. From some remarks made upon the floor terms of seven years, and at the end of seven years the . ^°r
yesterday it seems that an impression prevails in some quarters pointinent is to be absolutely at the discretion of the i)e 1
that the Senate conferees are responsible for the amendment of the department. The only rule which is laid down f01. °t
the Senate abolishing the Commerce Court judges being dis guidance of the head of the department is that the eim i
agreed to. I think it is due the Senate to state that the Sen in order to be eligible must have reached a certain standard66
ate conferees insisted all the time upon the amendment of the efficiency in his previous work. No matter how efficient he °*
Senate abolishing those judges. It was very evident, just as be and how high he may have risen above the standard ihay
soon as we went into conference, that the House conferees would appointment is at the pleasure of the head of the departn
not agree to the Senate amendment. About the last action It restores the old spoils system in all its completeness
taken by the conferees on the part of the Senate was to recede only'difference is that the spoils are to he distributed at per- e
from our amendment, but we had to do so in order to reach an of seven years instead of periods of change of administrati*/0^8
agreement. One of the conferees and myself took the posi
Mr. W ARREN . Mr. President, I do not believe the Seim
tion, which I think is the right position to take, that wherever intends to befog us with a misstatement, and he surely * . r
the Senate after long debate puts an amendment of that kind admit that that statement is incorrect.
W
l1i
upon a bill, the conferees on the part of the Senate ought not
Mr. CUMMINS. I do not admit that it is incorrect, t
to yield at all, but should report the matter back to the Senate not intend to misrepresent anything.
for instructions from the Senate as to how 'to act; but after
Mr. W ARREN . I know the Senator has no such intenti
being in conference for weeks and weeks it looked as though we
so I think I can correct the statement he has made. I q01011;
could not get an agreement, and the Senate conferees finally had
rise to say that this plan is mine, nor is that of the Sei n°*
to- yield to the House, and they gave up the amendment only
conferees, but it is here as the best we could do. I wifi a|e
after a long and strenuous attempt to secure the adoption of
that the more you consider it the better it looks. The Senat
the Senate provision. W e tried to get the conferees on the
says that it restores entirely, as a whole, the spoils system t0r
part of the House to agree to the Senate amendment, but they
Mr. CUMMINS. It does.
would not do so. Therefore we finally were compelled to yield.
Mr. W ARREN . W e shall follow that up a moment: At tl
I think I state the situation correctly.
end of seven years or eight years, as the case may be, all tmT6
Mr. W ARREN. Mr. President, the Senator has stated the employees end their service. What follows? The head of
situation exactly right, with one possible exception. He speaks department can reappoint every one of them who has not fajj 1
0
of two of the Senate conferees insisting. As a matter of fact, below the grade that calls for his dismissal. How will fie
there was no difference on that question on the part of the a particular place if he does not reappoint the old employ
Senate conferees, and it was decided very early that if we must There is where the rub comes. Formerly, all he had to a ‘
come back to the Senate with any amendments in disagreement was to employ whom he might choose. There were no civn°
that amendment should be included.
service restrictions to control him, as now. Under this nr '
Mr. OVERMAN. That is correct.
posed law he can not employ a man or a woman except through
Mr. W ARREN . W e had no differences in regard to that.
the civil service. The most he could possibly do would be t
Mr. OVERMAN. I do not think there really was any dif refuse to reappoint the old employee, and call for new certifi
ference, but I think that two of the conferees were- very cations from the civil service, but the civil service has just ,
strenuous in the position that this matter ought to be reported closely in its grasp every place that is now in the classifj
back to the Senate before we agreed to the House provision and service as it had before, because whenever one goes out, the oi
receded from the Senate amendment.
who follows must come from the civil service.
Mr. W ARREN . I will say to the Senator— perhaps he over
Now let us look at the matter reasonably for a m ent* T
om
f
looked it— that when the observation was made yesterday by the Senator himself, without regard to his politics, or any otli
the Senator from Missouri [Mr. R e e d ] that we had saved the Senator, were the head of a department, and had a corps
court my reply corrected him, as per the following in the clerks and at a time, we will say, one-half— —
°*
R ecord :
Mr. SM ITH of Georgia. W e over here can not hear th
Mr. W a r r e n . I beg the Senator’s pardon. In answer to the inquiry Senator from Wyoming.
U
e
about the Commerce Court, I said that the Senate receded from its
Mr. W ARREN . I thought I was talking loud enough.
proposition to abolish live circuit judges. The Senate amendment pro
viding for a transfer of the business of the Commerce Court to the
Mr. SM ITH of Georgia. But the Senator was facin'*
district courts was agreed to with an amendment perfecting it.
1
5
Mr. R eed . In other words, as this bill is now reported the Commerce other way.
Court is retained.
Mr. W ARREN . Suppose it comes to the end of the term 0f
Mr. W a r r e n . N o ; there is no Commerce C ou rt; that was done away
I want to know what man, applying it to himself
with by the action of both the other House and the Senate before the appointment.
bill was sent to conference. The only difference is that there are now or his place, would say, “ Get out, all of you clerks. You
34 circuit judges, and there will be no new ones appointed until the all efficient and trained clerks of experience in my department
number is reduced to 20, if this Hill as now reported becomes a law.
Mr. R eed . In other words, the five judges of the Commerce Court but I do not know your politics and I want somebody else’’
How is he going to get somebody else? All he can do is'to send
keep their offices as judges and continue to draw their salaries?
Mr. W ar r e n . A s circu it judges.
his requisition to the Civil Service Commission and have others
Mr. R eed . And then no more circuit judges are to be appointed until
certified without regard to politics— others unknown to hi11
T
the number is reduced to 20?
and without experience. What is he going to do? Reappoint
Mr. W a r ren . Not until the number is reduced to 29.
Mr. R eed . The Senate succeeded in saving the salary of the judges? his employees who are all right or enter upon a sea of uncer
Mr. W a r ren . N o ; on the contrary, the Senate was obliged to recede
from its proposition to discharge five judges on the demand of the House tainty? He will reappoint them, of course.
So that the proposition that this does away with the civilconferees. There are no appropriations for the Commerce Court; and
there will be no Commerce Court under the bill.
service jurisdiction and restores the old spoils system is not
In tbe newspapers of this morning it is stated that the con correct.
Mr. CUMMINS. I think it is correct.
ferees agreed to do away with the Commerce Court. As a
Mr L A FOLLETTE. I want to ask a question at this point,
matter of fact, the action of the House and the Senate together
had already done away with the Commerce Court before the and I will address it to the Senator from Wyoming. If it is
bill went to conference. All that was before us was with rela reasonably certain that the head of a department would retain
tion to the judges of whom the Senator has spoken and the in' the service such of the employees as had reached the re
procedure by which the business of the Commerce Court should quired standard, why then should he not be required to retain
in the service such employees? W hy throw the whole list open
be transferred to other courts, and I so stated yesterday.
1912.
CONGRESSIONAL RECORD— SENATE.
The respondent’ Judge Robert W . Archbald, accompanied by
his counsel, entered tlig^jGkamber and took the seats assigned
them.
Mr. G ALLIN GER. "M r. Fresiderttt I submit the order which
I send to the desk.
The P R E SID IN G OFFICER. The onfdr, submitted by the
Senator from New Hampshire will be read.
The Secretary read as follow s:
Ordered, That lists of witnesses be furnished the Sergon'nt at Arms
by the managers and the respondent, who shall be subpoenaed by him
to appear at 12 o’clock and 30 minutes post meridian on theNld day
of December. 1912.
1
Ordered, That the cause shall be opened and the trial proceeded V ith
j at 12 o’clock and 30 minutes post meridian on the 3d day of December,
; 1912.
\
10139
Mr. Manager CLAYTON. Mr. President, as a matter of in
formation, the managers desire to know when it is contemplated
that they shall furnish the list of witnesses. I should like for
that part of the order to be read again.
The P R E SID IN G OFFICER. The Secretary will again re
port the order.
The Secretary read as follow s:
Ordered, That a list of witnesses he furnished the Sergeant at Arms
by the managers and the respondent, who shall he subpoenaed by him
to appear at 12 o’clock and 30 minutes post meridian on the 3d day of
December, 1912.
Mr. Manager CLAYTON. The order does not say when the
list is to be furnished. That is what I wished to ascertain. It
leaves that entirely to the judgment of the managers and to the
Mr. M YERS. Mr. President, I submit an order as a substitute
judgment of respondent. Am I correct in that contention, Mr.
/ for the order submitted bv the Senator from New Hampshire.
President?
j
The PRE SID IN G O FFICER.
The order submitted by the
The P R E SID IN G OFFICER. The Presiding Officer will re
/
Senator from Montana will be read.
spond that there is no designation in the order as to what shall
The Secretary’ read as follow s:
be done in that regard, evidently leaving it as the manager
It is ordered that the trial of the accused under these impeachment concludes.
proceedings and charges be, and is hereby, set for the lo th day of
Mr. Manager CLAYTON. I have not a calendar before me,
August, 1912, at 12.30 p. m., and that orders for witnesses be filed on
or before August 10, 1912, and thereafter as the Senate may order.
but I presume the 3d day of December is the .first Monday in
December, the day for the regular convening of the Congress.
The P R E SID IN G O FFIC ER . The order asked by the man
The P R E SID IN G OFFICER. The Chair is informed it is
agers on the part of the House of Representatives will also be
Tuesday, the second day of the session.
read.
Mr. Manager CLAYTON. It is the second day of the session?
The Secretary read as follow s:
Mr. LODGE. Monday is the 2d day of December.
Ordered, That lists o f witnesses be furnished the Sergeant at Arms
by the managers and the respondent, who shall be subpoenaed by him
The PRE SID IN G OFFICER. The 3d of December is the
to appear at 12 o’clock and 30 minutes post meridian on the 7th day second day of the session.
of August, 1912.
Mr. Manager CLAYTON. Then, the Senate sitting as a Court
And further ordered. That in case hereafter the managers or the re
spondent may desire the attendance of additional witnesses, in such of Impeachment having decided that this case shall not be tried
case the managers or the respondent may have the witness or witnesses
desired subpoenaed, in accordance with the practice and usage of the at this time, but that it shall be tried beginning on tlie 3d day
upon application in such form as may be approved by the Pre of December next, the managers of the House respectfully bow
siding Officer.
to the decision of the Senate, and beg to inform the Senate that
Ordered, That the cause shall be opened and the trial proceeded with
at 12 o’clook and 30 minutes post meridian on the 7th day of August, they will be here on the 3d day of December ready to proceed
with the trial of this case.
1912.
The PRE SID IN G OFFICER. The Presiding Officer would
In the meantime, on behalf of the managers of the House, I
inquire whether the counsel for the respondent desires to submit desire to say that the managers will furnish— I presume that it
anv order?
ought to be furnished to the Secretary of the Senate— a list of
Mr. W O R TH IN G TO N . No. Mr. President.
the witnesses whom the managers desire to have subpoenaed on
\ . The P R E SID IN G OFFICER. The several orders are before behalf of the prosecution, if I may so term the side which is
the Senate for consideration. Under the view taken by the occupied by the managers on the part of the House. Am I
Presiding Officer, the qqgstinn should first be put on the order correct in the view that we shall furnish this list to the Secre
fixing the most distant time. That is in accordance with parlia tary of the Senate?
mentary procedure and also in accordance with such procedure
The P R E SID IN G OFFICER. The Presiding Officer is not
as might be considered proper in a court. The order proposed advised as to what are the precedents, but as the Sergeant at
by the Senator from New Hampshire [Mr. Gallinger ] is the Arms is to execute the order, the Chair will suggest that the
one which fixes the longest period, and the vote will first be Sergeant at Arms is the proper person to whom the list should
taken upon that. The rule of the Senate requires that the be supplied.
vote shall be taken by yeas and nays. It is therefore not
Mr. Manager CLAYTON.
Then, Mr. President, under the
necessary that the yeas and nays should be ordered as in other intimation of the Chair, the managers beg to say at this time
instances. A s Senators’ names are Called, those who favor the that they will in due time furnish the Sergeant at Arms a list
date fixed by the order proposed by'H^e Senator from New of the witnesses they desire subpoenaed, and they expect to be
Hampshire will vote “ yea.” . Those w h o \ r e opposed to that ready, by having the witnesses here and ready otherwise, to
date and favor other <Wfes will, as their naffi^ are called, vote proceed with the cause, if it-meets the pleasure of the Senate,
< nay.” The so«*«SFflrv will call the roll.
l nm- ” T ir> Secrf^ary
U
on the 3d day of December next.
The Secretary having called the roll, the resylt was anMr. President, there is one other thing that the managers de
Bounced— yeas 4 4 , nays 19, as follow s:
sire to know. There is no settled practice, it appears from my
Y E A S — 44.
rather imperfect examination of the precedents in the case, but
Crawford
Kern
v
I have reached the conclusion from such examination as I have
Cullom
Lodge
Sanders
N
Cummins
MeCumber
Smith, Ariz.
been able to make that after this list is furnished by the man
Dillingham
McLean
Smith. Mich.
agers and the list furnished on behalf of the respondent by the
'
p all ‘
Massey
Smith, S. C.
respondent that then it is the practice or the usage of the
Fletcher
Nelson
Smoot
Senate, under, I suppose, certain discretion vested in the Presid
Gallinger
Newlands
Sutherland
Gronna
Overman
Swanson
ing Officer, to entertain and to direct the issuance of subpoenas
Guggenheim
Page
Townsend
for other witnesses whose names may not appear on the list
Johnson, Me.
Penrose
\\arren
which is furnished in the first instance; and believing that to
Johnston, Ala.
Perkins
Wetmore
be the practice and believing that the managers should have
N AY S— 19.
that right, I shall not insist upon tlie proposition which I of
Stone
Clapp
Pomerene
Ashurst
Thornton
Jones
lieed
fered in the beginning of tlie cause to-day; that is, to provide
Tillman
La Follette
Shively
that these additional witnesses might be subpoenaed on applica
Works
■Martine, N. J.
Simmons
tion made by tlie managers or the respondent, as the case might
Myers
Smith, Ga.
bo but that the application should be made to the Presiding
NOT V O TIN G — 31.
Poindexter
Officer, the Presiding Officer having the discretion and presum
du Pont
Lea
Eayner
Foster
Lippitt
ably the authority to grant a request for additional witnesses.
R ich a rd so n
Gamble
Martin, Va.
Smith, Md.
Putting that interpretation upon the matter, Mr. President,
Gardner
O’Gorman
Stephenson
we shall not ask any amendment of the order at this time, for
Gore
Oliver
Watson
Heyburn
Owen
it is presumed that this court, like any court that wants to do
W illiam s
Hitchcock
Paynter
justice in the premises, would, notwithstanding any -rule to
__
Kenyon
Percy
the contrary, or because of the absence oi; any positive rule
So Mr. G allinger ' s order was adopted.
The P R E SID IN G OFFICER. The Presiding Officer would making provision for such an emergency, direct the subpoena of
inquire whether the managers on the part of tho House have witnesses if, in tlie judgment of the court, it ought to be doue
to meet the manifest ends of justice.
^anything further to submit to the Senate at this time?
Senate,
Bankhead
1«orah
“onrne
Bradley
Brandegee
Bryan
Burnham
Burton
Catron
Clark, Wyo.
Crane
Bacon
Bailey
Bristow
Chamberlain
Briggs
Brown
Chilton
Clarke, Ark.
Culberson
Curtis
pa vis
Bixon
10140
W' (
r
y
^
CONGRESSIONAL RECORD— SENATE.
A ugust
The PRESIDING OFFICER. The Chair w ill state tliat the at 12 o’clock, I will lay before the Senate the conference
ePort
iuauager has stated the practice as it is understood and con on the bill known as the wool bill.
templated by the Senate in that regard.
Mr. PENROSE. I ask unanimous consent to have note!
Mr. Manager CLAYTON. 'T h en , Mr. President, the managers the calendar, among the other notices, that the conference ° n
at this time have no further business before the Senate sitting port on the wool bill will be submitted to the Senate A le"
o’clock on Monday.
1
at 12
as a Court of Impeachment.
The PRESIDENT pro tempore. It will be so ordered „
The managers on the part o f the House thereupon retired
out objection.
’ Wlthfrom the Chamber.
THE PARCEL POST (S. DOC. NO. S 9 5 ).
Mr. CLARK o f Wyoming. I move that when the court ad
journs it adjourn to meet on the 3d o f December next at 12.30
Mr. LA FOLLETTE. I ask leave to present a menior'
o’clock p. m.
which I have not had time to examine, it having just , al>
The PRESIDING OFFICER. The Senator from Wyoming handed to me, prepared by George P. Hampton, secretary o f ? ' 1
1
moves tlia t when the Senate, sitting as a Court o f Im p each m en t Farmers’ National Committee on Postal Reform and s e c r e t '0
in the case of Robert W. Archbald, adjourns it adjourn to meet o f the Postal Express Federation, setting forth, on behalf -V
at 12.30 o'clock on the 3d day o f December next. Without the organized farmers o f the country, certain views on t i°f
objection it is unanimously so ordered.
parcel post. I request that it be printed in the R ecord , t 1 le
Mr. STONE. Mr. President, I should like to propound an informed that it contains matter which will be useful to ^ ni
inquiry. The Presiding Officer, in other words, the Senator alters in the discussion o f that paragraph in the bill who,, .,eu~
who shall preside, I presume is to attach his signature to the reached.
6 1 xt te
1
subpoenas for witnesses. Is that correct?
Mr. GALLINGER. And also as a document.
The PRESIDING OFFICER. The Chair will call the atten
Mr. LA FOLLETTE. And I will also ask that it be prim
tion o f the Senate to Rule VII, which will be read for the as a public document, and laid orTtlie desks o f Senators
information o f't h e Senate as to the power o f the Presiding
The PRESIDENT pro tempore. The Senator from Wiscor •
Officer to issue subpoenas.
asks unanimous consent that the paper presented by him nm vYn
The Secretary read as follow s:
printed in the R ecord , and also separately as a document f
VII. The Presiding Officer of the Senate shall direct all necessary the use o f the Senate.
Is there objection? The Chair he<
preparations in the Senate Chamber, and the Presiding Officer on the
ars
trial shall direct all the forms of proceedings while the Senate arc none.
The memorial referred to is as fo llo w s:
sitting for the purpose of trying an impeachment, and all forms during
the trial not otherwise specially provided for.
And the Presiding
Officer on the trial may rule all questions of evidence and incidental
questions, which ruling shall stand as the judgment of the Senate,
unless some Member of the Senate shall ask that a formal vote be
taken thereon, in which' case it shall he submitted to the Senate for
decision.
(Rule VII of the Rules for Impeachment Trials, page 175
of the Manual.)
Mr. ROOT. I suggest that the fifth rule is relevant to the
question.
Mr. STONE. What I desired to ascertain was-----The PRESIDING OFFICER. The present occupant o f the
chair, handling the book carelessly, did not call attention to the
proper rule. The rule which has been read also states what
duties shall devolve upon the Presiding Officer, but the par
ticular rule is the one indicated by the Senator from New York,
Rule V, which will be read.
The Secretary read as follow s:
V. The Presiding Officer shall have power to make and issue, by
himself or by the Secretary of the Senate, all orders, mandates, writs,
and precepts authorized by these rules, or by the Senate, and to make
and enforce such other regulations and orders in the premises as the
Senate may authorize or provide. (Rule V, at the bottom of page 174.)
Mr. STONE. Then under the rule the Vice President will be
the Presiding Officer who would sign all writs.
The PRESIDING OFFICER. Whoever is the Presiding
Officer at the time the writ is required would in the opinion of
the present occupant o f the chair be clothed with that power.
Mr. STONE. Would the present occupant o f the chair be
clothed with that power during the vacation? Application for
the issue of subpoenas for witnesses w ill be made during the
vacation o f the Senate in all prouability; probably in November.
It puzzles me a little bit to know who would sign those writs.
The PRESIDING OFFICER. The Chair does not think there
is any trouble at all about i t The Vice President, o f course,
will be during the vacation the Presiding Officer o f the Senate,
and if the Senate should indicate anyone else to be President
pro tempore during that time, the power would be exercised in
the first instance by the Vice President or, if he should be under
disability, by the President pro tempore, whoever he might be.
That is the opinion o f the Chair. He may be wrong about it.
The respondent and his counsel withdrew from the Chamber.
Mr. CLARK o f Wyoming. I move that the Senate sitting as
a Court o f Impeachment adjourn, and that the Senate resume
legislative session.
The motion was agreed to ; and thereupon (at 5 o’clock and
55 minutes p. m.) the Senate, sitting for the trial o f the im
peachment, adjourned, the adjournment being, under the order
previously adopted, until Tuesday, December 3, 1912,’ at 12.30
o’clock p. m.
MEMORIAL PRESENTING THE FARMERS’ POSITION ON PARCEL POST av
FAVOR OF AMENDMENTS TO THE BOURNE BILL.
A* D IN
N
[By George I’. Hampton, secretary Farmers’ National Committn
Postal Reform ; secretary Postal Express Federation.]
uee 011
To the honorable United States Senate:
The postal appropriation bill with its provisions for parcel-post i
lation is now before you for action, and on behalf of the orsrarcgls'
farmers of the country, I desire to submit for your consideration A ,.Zed
word on their desires as to parcel-post legislation and their obieet- a*
to the parcel-post section of the bill— commonly spoken of as th p n A ior)a
bill— as it now stands.
bourne
The speech delivered in the Senate on July 23 by the Hon. O biot
Gardner, of Maine, and printed in the Record of that date, ciearlv s i?
forth the views of the farmers as to what constitutes an adequate
eral parcel post, and we respectfully urge you to give this speech vn
careful consideration. I beg to differ from the statement made in th1
’
committee report (No. 955, p. 1G) that “ neither has the public in mini
government ownership of express companies.”
The farmer organism
tions are practically unanimous in their demands for a postal exprf a'
founded on the absorption of the express companies’ package businp?8
as set forth in Senate bill No. 5474. Senator Gardner submitted abtm
dant evidence in his speech to prove this. We have not urged that w '
islation should be enacted at this session providing for establishing « ? '
postal express, but we have urged that the investigations so well bemi
in Congress should be continued by the appointment of a joint enm
mittee of the House and Senate, said committee to report at (he no *
session. We have urged further that whatever legislation is enacted 7
this session should be considered merely as a beginning, and that at
limited parcel-post measure could be accepted as meeting the reasonYn0
expectations of the people which did not provide in unmistakable i e
guage f o r :
‘
laa'
(a) The handling of farm products;
(b) For the regulation of rates, weights, and zones by the- H
r,
master General, subject to the review or order of the Interstate p 81'
merce Commission ; and
uom_
(c) For the appointment of a joint committee, above referred to
continue the investigations.
’
The Bourne bill is unsatisfactory as it stands even as a beginning
submit the main objections :
“• I
(1) It does not contain the above provisions.
(2) Measured by the Government cost the short-distance rates (th
rates’ for city and" rural routes excepted) are exorbitant anfl~™„ V ne
th?oSh<£ £ ‘ dlstance shipper and subsidize the long-distance shinnfr?nalize
v
(3)
The rates proposed are, in the main, higher than the express r t
for corresponding distances— so high in fact as to give over „i.rates
most profitable business to the express companies.
al‘ thy
From the data furnished in the report on the Post Office appron,.tion bill (Kept. No. 9 5 5 ), I have compiled the following tables] whjolh
show the injustice and impracticability of the rates of the Tiokrr " h
, ich
except the local rates for city and rural routes which we indorse
bill>
The Bourne bill rates and corresponding express rates ordered r
Interstate Commerce Commission for express rate zone No l
t!i0
Outer limits of zones in miles
Pounds.
50
1
150
2
1
300
2
1
G
C
2
1
07
12
17
22
24
03
14
20
20
TARIFF DUTIES ON WOOL.
The PRESIDENT pro tempore. The Senate is in legislative
session.
Mr. PENROSE. I should like to ask the Senator from W is
consin, who is chairman of the Senate conferees on the wool
bill, when it is his intention to present the conference report on
the wool bill (II. It. 22195) for action by the Senate. I think
the Senate ought to know what time a matter o f that impor
tance is proposed to be taken up.
Mr. LA FOLLETTE. Mr. President, answering the inquiry
of the Senator from Pennsylvania, I will say that on Monday,
05
08
11
14
0G
10
14
18
17
22
23
27
25
32
20
23
22
23
26
30
24
24
32
37
20
27
38
44
20
29
32
35
23
24
24
24
34
38
42
40
25
25
20
20
42
47
52
57
28
29
29
30
50
50
02
OS
1912.
CONGRESSIONAL RECORD— SENATE.
10183
in repair”that kind o f a road, instead o f its encouraging the local or any highway made o f any material which was o f a perma
authorities permanently to improve their roads, it would en nent character, we would thereby encourage the local authori
courage them to rest on their oars and permit all improvements ties and the State authorities to help along this good cause.
and repairs to be made at the expense o f the Federal authorities
All o f us must agree that there is a great necessity for this
alone.
kind o f im provement; we w ill all agree that it has been too
Mr. BRYAN. Mr. President-----long neglected, and the concern o f all is to adopt some plan
The PRE SID IN G O FFICER. Does the Senator from Ohio which w ill give the maximum o f good at the least expenditure.
yield to the Senator from Florida?
For that reason it seems to me it would be unwise now to
Mr. POMERENE. I do.
expend nearly $16,000,000— accurately speaking, $15,915,0 0 0 Mr. BRYAN. I suggest to the Senator from Ohio that there out o f a total contemplated expenditure o f $18,450,000, in order
is no provision as to the width o f the roads falling under to help to drag a few dirt roads. I do not believe that by so
class C. Class A and class B roads are required to be at least doing we would be encouraging the cause o f good roads.
9 feet wide. I think it w ill be taken for granted that hardly
In order that this may be hurried along as rapidly as possible,
any improved road would exist which would not have a width assuming that this amendment o f the Senate committee shall
o f at least 9 feet, because otherwise it would be impossible be adopted, I would suggest that instead o f requiring the joint
•for wagons meeting each other to pass, yet when you come to committee to make its report at the earliest moment practicable,
class C roads there is no provision as to even that w idth ; in we require them to report on the first day o f the coming session
other words, they are not required to be even 9 feet wide, o f Congress.
leading to the conclusion that they might only be o f the width
Mr. BOURNE. Mr. President-----necessary to accommodate one wagon and not o f sufficient width
r h e PRE SID IN G OFFICER. Does the Senator from Ohio
l
to allow wagons to pass. Why, then, if these roads are to be yield to the Senator from Oregon?
drained by ample side ditches, would it be objectionable to have
Air. POAIERENE. I do.
a provision requiring them also to be at least 9 feet wide?
Air. BOURNE. In reference to the suggestion o f the Senator
The answer, it seems to me, must be that the roads are not from Ohio, I am sure he would not want the joint committee
expected to be maintained at 9 feet in width, and that they are to make an unfinished report. He would not wish them to re
intended to be classed within class C, so that the ordinary port the result o f the progress, made, if they have come to no
country road in its natural condition shall receive benefit under definite conclusions at the time. I think it is the desire o f the
this act.
committee to expedite the matter as rapidly as any Alember o f
Mr. POMERENE. The Senator from Florida is entirely cor the Senate can desire it to be done, but it would be their pur
rect in his statement o f facts, and I am afraid he is correct in pose to do it in an intelligent way and to submit their con
his statement o f the purpose o f the manner in which this act clusions based upon an ascertainment— a study, an analysis, a
deduction, a conviction— and that submitted to the Senate.
is drawn.
Mr. SM ITH o f South Carolina. I should like to say to the
Air. POMERENE. I have no doubt the committee, both in
Senator that the figures as to the cost o f construction o f the the Senate and in the House, have given a great deal o f time to
sand-clay road, the macadam road, and the bituminous road, the consideration o f this subject, and I have no doubt they have
which goes up into the tens o f thousands, were all predicated collected valuable data, and that this can be supplemented by
upon a hard surface o f 13 feet. The usual road bed, or the right inform ation which can be had from other sources.
o f way as it is called, is- 30 feet. The contemplation here was
The difficulty is that if we are going to delay fixing a date
a hard surface to be put on as a means o f continuing passage for this report the end o f the next session o f Congress w ill be"
and to avoid the delay o f hardening the surface the entire 30 here before there is any report made, and it seems to me it
would be a very good way for Senators and Representatives
feet o f the right o f w ay-----Air. POMERENE. To what plan does the Senator refer?
on this committee to spend a part o f their vacation, to take up
Air. SAIITH o f South Carolina. I am referring to the esti this subject and give it the diligent and thoughtful attention,
mate which I read, where it said it cost .$723 a mile. The as I know they will, and make the report in the early days of
hardened surface w as 13 feet. This bill— I have not looked at the coming session o f Congress.
it— the Senator from Florida says proposes 9 feet. I should
Air. SAIITH o f South Carolina. B efore the Senator from
suppose that if the estimate had been for only 9 feet in the Ohio takes his seat, does he think that that would be exactly
figures I have read, a sand-clay road might be built for the fair, first, to the American people and then to the Department
difference between 9 and 13 feet, and therefore cost less thau o f Good Roads in the Agricultural Department, when they are
working, issuing bulletins, getting up the data, visiting every
the Scientific American says— cost less than $300 a mile.
Air. POMERENE. The Senator is referring to a highway State, and examining every possible kind o f road construction,
which is permanently improved by some composition o f sand giving the cost both o f construction and maintenance? I have
and clay. But that is not the kind o f road to which I have in my hand here their report o f 1912. W e have a Department
been addressing myself. It seems to me that before we ap o f Good Roads that was provided for some S or ,10 years ago.
propriate this vast sum o f money there ought to be more con They are at work every day and every week, and are issuing
sideration given to the adoption o f some peimanent plan o f their bulletins and giving us exhaustive tables as to the differ
improvement which the Federal Government would be willing ent kinds o f roads and the different costs o f construction and
to aid. I realize that a comparatively small sum o f money the durability o f the various kinds o f roads.
It seems to me it would be an additional cost and an extraor
may do a great deal toward encouraging the permanent pa\ ing
dinary expense for no possible good, when these bulletins and
o f highways throughout the country.
_
>
. . .
these data are at the command o f every Senator.
0 ^ Perhaps two years ago I gave some little investigation to
I suspect that what is the matter is that we have not studied
this subject, and, with the permission o f the Senate, I want to
the data we have on hand, and want the joint committee to
give some o f the figures which I then collated.
The average cost o f a battleship is $10,000,000. The average gather from the good-roads department and the other sources
cost o f making a paved roadway 14 feet wide, constructed out at our command what we as Senators in this body ought to
o f the best vitrified shale paving brick, is about $15,000 per know before w e formulate legislation.
Air. BOURNE. Air. President-----mile. The price o f one o f these battleships would build GG0
Air. POMERENE. The Senator will pardon me for a moment.
miles o f paved highway, made out o f the best vitrified brick,
to a width o f 14 feet. In other words, at the price o f one o f I have no doubt the committee would avail itself o f all this
these battleships, three highways could be constructed across inform ation in the consideration and preparation o f its report.
Certainly they want all the information they can get from anv
the State o f Ohio from north to south or from east to west.
The Senator in m Alississippi [Air. W il l ia m s ] the other day and every source. But let me ask the Senator from South
suggested that it would cost $ 1 ,2 0 0 per mile to make a good Carolina a further question.
He first called the attention o f the Senate to the fact that
gravel highway. Assuming that it would cost $1,250 per mile,
at the cost o f one o f these battleships you could build 8 ,0 0 0 valuable data had been collected. Let me ask whether this
miles o f graveled highway. Now, I do not say this in opposi provision o f the House bill, with reference to the expendituie
tion to the improvement o f our Navy so much as I do to show o f nearly $16,000,000 upon the ordinary dirt roads o f this coun
what we can do with the expenditure o f a few million dollars try, is the result o f the information which has been collected
and to which he referred a moment ago.
carefully and econom ically placed.
Air. SAIITH o f South Carolina. I beg to state, in answer to
Aly thought has been that the Federal Government should
grant this aid in such a w ay as to give the maximum o f en that question, that it is not the ordinary dirt road as insisted
couragement to the local authorities, and I believe that if some upon by the Senator from Ohio. The bill provides that there
plan were adopted whereby the Federal Government would give shall be certain specifications, a certain standard o f excellence,
to the local authorities so much per mile for the construction o f that the road shall be reasonably passable at all seasons o f the
a paved highway, and so much per mile for a graveled highway, year for traffic, for wheeled vehicles, and that it shall be drained
10184
CONGRESSIONAL RECORD— SENATE.
on eacli side; and the department further says that in case that
is done, at a minimum cost, the road can, by a cheap process o f
dragging and putting a little clay mixed with sand on it, bp
made permanent, and once, made permanent with this amount,
it can be kept permanently in repair.
Mr. BOURNE. Mr. President-----The PRESIDING OFFICER. Does the Senator from Oljio
yield to the Senator from Oregon?
Mr. POMERENE. Certainly.
Mr. BOURNE. The Senator from South Carolina liasfreferred repeatedly to the Department o f Agriculture and par
ticularly to the Bureau of Good Roads. On the 22d o f June
I submitted a letter to the Secretary o f Agriculture in reference
to this particular bill and the practicability of carrying oi|t its
provisions, and the opportunity under the bill of getting the
information necessary in order to make the classification A, R,
C, as set forth in the bill, and the cost to the Government|of so
doing.
Under date o f June 2G I received the follow ing rep ly : J
D ear S enator : In reply to your letter of June 22, asking toi infor
mation concerning the possible participation of this department' in the
carrying out of the Shackleford amendment to the Post Oflicf appro
priation bill, I have the following statement to m ake:
(1) There is no available force in this department at present that
could be assigned to this work.
(2) The appropriation recommended for the Office of Publfc Roads
for the coming fiscal year is $202,120, all of which is apportmned for
special lines of work.
(3) A force of from 250 to 300 trained men would he necpssary to
classify the post roads as designated in the Shackleford bill. ,It would
ha exceedingly difficult, if not impossible, to obtain and organije such a
force, the duties of which would occupy such a short period of Time.
(4) The cost for the first year for making such a classification would
probably he from $750,000 to $1,000,000, and this work woul<£ he of an
absolutely nonproductive nature.
(5 ) The cost of continuing this classification after the -first year
would probably lie between $200,000 and $300,000 per year, depending
on the demand for the work.
Hoping that I have answered these questions to your sdffisfaction,
I am,
Very respectfully,
Jam es W ilso n , g&rctarp.
Further, Mr. President, in the hearings before tl& Senate
Committee on Post Offices and Post Roads Mr. L. W. Page, the
gentleman who has been referred to several times he|e in this
discussion, stated, in response to a question asked b # Senator
G o be :
I think the worst feature of this measure—
Referring to the Shackleford bill—
I think the worst feature of this measure is that it is not gotjpg to help
the road situation at all, hut it is ultimately going to hrffig a very
heavy expenditure on the part of the Government.
||
Mr. Page further stated in the hearing referred to t i t t
up to the present time about 62 bills for national aid in Some
have been presented to this Congress, and they call for very ! trge
of money. There are a great many of them the results of
hich
not been considered and the effects of which, I think, won' l be
dangerous.
I consider this measure—
form
sums
have
very
Referring to the provision now under consideration^
among the more dangerous. If all the roads of this country-;
about 2,250,000 miles— were constructed in a first-class mann(
cost about $22,000,000,000. This is a very conservative cS
think there are only about $16,000,000,000 in the world, ai
five billion of that are unsecured notes.
If we were to sj
roads of this country for one summer season with ordinan
carts and water, it would cost about $880,000,000. which is $2
more than the national revenue. Any plan for the Oovernmc
ticipate seems to me to require a good deal of consideration.
there are
it would
mate.
I
I four or
inkle the
watering
0,000,000
t to par
I do not think that the bulletins that are issued b
partment o f Agriculture would give the Senate or
sufficient information upon which to take intellige:
upon a subject o f this moment and importance to the c
I thank the Senator from Ohio for yielding.
Mr. POMERENE. Mr. President, I do not care to occupy the
attention o f the Senate further, except to say that I aim willing
to go any length in encouraging the cause o f nationaiinid for
public highways, but I want the money expended in sud§: a way
that we will get value received for it.
THE PANAM A CANAL.
The PRESIDEN T pro tempore. The hour o f 12 o’clo
having arrived, the Chair lays before the Senate the un ished
business, which w ill be stated.
The S e c r e t a r y . A bill (II. R. 21060) to provide for tb jopening, maintenance, protection, and operation o f the Panar
Canal, and the sanitation and government o f the Canal Zone.
Mr. BRANDEGEE. I ask unanimous consent that tb
finished business be temporarily laid aside.
The PRESIDEN T pro tempore. The Senator from Co:
cut asks unanimous consent that the unfinished busine
temporarily laid aside. Without objection, it w ill be so ord<
TARIFF DUTIES ON WOOL.
Mr. LA FOLLETTE. Mr. President, I present the conference
report on House bill 22195, and move its adoption.
The PRESID EN T pro tempore. The report will be read.
A ugust 5
Tbe report was read, as follow s:
The committee o f conference on the disagreeing votes o f th
two Houses on the amendments o f the Senate to the bill ( ij j.e
22195) to reduce the duties on wool and manufactures o f wool
having met, after full and free conference have agreed to recom’
mend and do recommend to their respective Houses as follow *.
That the House recede from its disagreement to the amend1
ments o f the Senate, and agree to the same with an am
endment
as follow s: In lieu o f the matter inserted by said a m e n d in g
insert the follow ing:
“ That the act approved August 5, 1909, entitled ‘An act to
provide revenue, equalize duties, and encourage the industries
o f the United States, and fo r other purposes,’ is hereby amended
by striking out all of Schedule K thereof, being paragraphs
to 395, inclusive, and inserting in lieu thereof the follow ing;
“ ‘ SCHEDULE K .
WOOL AND MANUFACTURES THEREOF.
“ ‘ 360. On wool o f the sheep, hair o f the camel, goat, alpaca
and other like animals, and on all wools and hair on the skin
o f such animals, tlie duty shall be 29 per centum ad valorem.
“ ‘ 361. On all noils, top waste, card waste, slubbing waste
roving waste, ring waste, yarn waste, bur waste, thread waste’
garnetted waste, shoddies, mungo, flocks, wool extract, car
bonized wool, carbonized noils, and on all other wastes and on
woolen rags composed wholly o f wool, or o f which wool is the
component material o f chief value, and not specially provided
for in this section, the duty shall be 29 per centum ad valorem
“ ‘ 362. On combed wool or tops and roving or roping, made
wholly o f wool or camel's hair, or o f which wool or camel’s hair
is the component material o f chief value, and all wools and hair
which have been advanced in any manner or by any process of
manufacture beyond the washed or scoured condition, not spe
cially provided for in this section, the duty shall be 32 per
centum ad valorem.
“ ‘ 363. On yarns made wholly o f wool, or o f which wool is the
component material o f chief value, the duty shall be 3 5 per
centum ad valorem.
“ ‘ 364. On cloths, knit fabrics, flannels not for underwear,
composed wholly o f wool or o f which wool is the component
material o f chief value, women’s and children’s dress goods,
coat linings, Italian cloths, bunting, and goods o f similar de!
scription and character, clothing, ready-made, and articles 0f
wearing apparel of every description, including shawls, whether
knitted or woven, and knitted articles o f every description made
up or manufactured wholly or in part, felts not woven, and not
specially provided for in this section, webbings, gorings, sus
penders, braces, bandings, beltings, bindings, braids, galloons,
edgings, insertings, flouncings, fringes, gimps, cords, cords and
tassels, ribbons, ornaments, laces, trimmings, and articles made
wholly or in part o f lace, embroideries and all articles embroid
ered by hand or machinery, head nets, nettings, buttons or bar
rel buttons or buttons o f other form s for tassels or ornaments,
and manufactures o f wool ornamented with beads or spangled
o f whatever material composed, on any o f the foregoing com
posed wholly o f wool or o f which wool is the component mate
rial o f chief value, and on all manufactures o f every description
made by any process o f wool or o f which wool is the component
material o f chief value, whether containing india rubber or not
not specially provided for in this section, the duty shall be 4 9
per centum ad valorem.
“ ‘ 365. On all blankets, and flannels fo r underwear, c o m p o s ^
wholly o f wool, or o f which wool is the component material of
chief value, the duty shall be 38 per centum ad valorem.
“ ‘ 366. On Aulrasson, Axminster, moquette, and chenille car
pets, figured or plain, and all carpets or carpeting o f like char
acter or description; on Saxony, Wilton, and Toum ay velvet
carpets, figured or plain, and all carpets or carpeting 0f like
character or description; and on carpets o f every description,
woven whole for rooms, and Oriental, Berlin, Aubusson, Ax
minster, and similar rugs, the duty shall be 50 per centum ad
valorem.
“ ‘ 367. On Brussels carpets, figured or plain, and all carpets
or carpeting o f like character or description; and on velvet and
tapestry velvet carpets, figured or plain, printed on the warp
or otherwise, and all carpets or carpeting o f like character or
description, the duty shall be 40 per centum ad valorem.
“ ‘ 36S. On tapestry Brussels carpets, figured or plain, and all
carpets or carpeting o f like character or description, printed on
the warp or otherwise; on treble ingrain, three-ply, and allchnin Venetian carpets; on wool Dutch aud two-ply ingrain car
pets; on druggets and bookings, printed, colored, or otherwise;
and on carpets and carpeting o f wool or o f which wool is the
component material o f chief value, not specially provided for in
this section, the duty shall he 30 per centum ad valorem.
“ * 369, Mats, rugs for floors, screens, covers, hassocks, bed
sides, art squares, and other portions o f carpets or carpeting
CONGRESSIONAL RECORD— SENATE.
1912.
made wholly o f wool or o f which wool is the component mate
rial o f chief value, and not specially provided for in this sec
tion, shall be subjected to the rate o f duty herein imposed on
carpets or carpeting o f like character or description.
“ ‘ 370. On all manufactures o f hair o f the camel, goat, al
paca, or other like animal, or o f which any o f the hair men
tioned in paragraph 300 form the component material o f chief
value, not specially provided for in this section, the duty shall
be 49 per centum ad valorem.
f‘ 4371. Whenever in this act the word “ w ool ” is used in con
nection with a m anufactured article o f which it is a component
material, it shall be held to include wool or hair o f the sheep,
camel, goat, alpaca, or other like animals, whether manufac
tured by the woolen, worsted, felt, or any other process.’
“ S ec . 2. That on and after the day when this act shall go
into effect all goods, wares, and merchandise previously im
ported and hereinbefore enumerated, described, and provided
for, for which no entry has been made, and all such goods,
wares, and merchandise previously entered without payment o f
duty and under bond for warehousing, transportation, or any
other purpose, fo r which no permit o f delivery to the importer
or his agent has been issued, shall be subjected to no other
duty upon the entry or w ithdraw al thereof than the duty which
would be imposed if such goods, wares, or merchandise were im
ported on or after that date.
“ S e c . 3. That all acts and parts o f acts in conflict with the
provisions o f this act be, and the same are hereby, repealed.
This act shall take effect and be in force on and after the 1st
day o f January, 1913.”
And the Senate agree to the same.
R obert M. L a F ollette,
J. W . B ailey ,
F. M. Sim m o n s ,
M a n a g e r s on th e p a r t o f ilic S e n a te .
O. W. U nderwood,
W . S h acklefo rd ,
D.
M a n a g e r s o n th e p a rt o f th e H o u s e .
During the reading o f the report,
The PR E SID E N T pro tempore. The Chair w ill call the
attention o f the Senator from W isconsin to the fact that in
constructing the report there has been a repetition o f section
370 and paragraphs 2 and 3 o f section 371. There is nothing
to do but to erase it.
Mr. LA FO LLETTE . A fter the conference reached an agree
ment, it adopted the same report made upon this same schedule
one year ago. The preparation o f the report, which consisted
in attaching the printed pages o f the form er report, was left to
the clerks o f the t wo committees. *
The P R E SID E N T pro tempore. It is evidently a manual
error.
Mr. LA FOLLETTE. I presented the report ju st as they
handed it to me. The error arises probably from using the
printed pages o f the conference report o f 1911, which is identical
with the present report, and I presume an extra page has been
attached by mistake.
The PRE SID EN T pro tempore. That is the fact. It has
been constructed by pasting a printed page.
Mr. LA FO LLETTE. That is the way it occurred, I have no
doubt.
A fter the conclusion o f the reading o f the report,
Mr. SMOOT. Mr. President-----Mr. PENROSE. I should like to ask the Senator from W is
consin whether this is the same bill that was passed by the
Senate.
Mr. LA FO LLETTE. I was ju st going to make a statement,
unless the Senator from Utah-----Mr. SMOOT. I suggest the absence o f a quorum.
The PRE SID EN T pro tempore. The Senator from Utah
suggests the absence o f a quorum. The Secretary w ill proceed
to call the roll.
The Secretary called the roll, and the follow ing Senators
answered to their n am es:
Ashurst
Bacon
Bailey
Bankhead
Borah
Bourne
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, W yo.
Crane
Crawford
Culberson
Cullom
Cummins
1 lillingham
Fall
Fletcher
Gallingcr
Gronna
Johnson, Me.
Johnston, Ala.
Jones
Kern
I.a Follette
Lodge
McCumber
McLean
Martin, Ya.
Martine, N. J.
Massey
Myers
Nelson
Newlands
Overman
Page
Penrose
Perkins
Pomerene
Reed
Root
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Smoot
Stone
Sutherland
Swanson
Thornton ,
Tillman
v Townsend
Warren
Watson
Wetmore
Williams
' Works
10185
The PR E SID E N T pro tempore. Upon the call o f the roll
o f the Senate, G5 Senators have responded to their names, and
a quorum o f the Senate is present.
Mr. LA FO LLETTE. Mr. President, the error to which the
Chair called attention arises from the clerks having inserted
an additional page o f the form er conference report— the printed
report. It is exactly in accordance with the conference agree
ment excepting in that respect. I have compared it with the
report as presented to the House, and except for that page,
which was inadvertently inserted by the clerks in putting the
papers together, the two reports are in perfect agreement. I
ask leave o f the Senate to w ithdraw that page,^ the insertion o f
which w as < mere clerical error.
\
The ^PRESIDENT pro tempore. The Chair thinks it proper
to call -the attention o f the Semite to the fact that it is simply
a duplication o f what is in the report. It does not differ in any
particular from what appears in the report.
Mr. L A FOLLETTE. It does not belong there, in any event,
and it-should be stricken out.
The P R E S ID E N T pro tempore. Is there objection to the re
quest, .of the Senator from W isconsin? The Chair hears none,
and it is so ordered.
Mj$ LA FO LLETTE. Mr. President, I do not desire to take
a moment o f the time o f the Senate, unless it should be made
necessary later, further than to say that the conference report
presented at this time is identical w ith the Conference report
o f 1911 upon the same schedule. It was found impossible to
make any changes. I w ould have been glad to have secured
the rates fixed in the bill as passed by the Senate, but if an
agreement was to be arrived at at all some compromises w ere
necessary, and it was found that the only compromise which
could be effected was upon the lines o f the compromise on the
same schedule o f one year ago.
I f it w ill be at all helpful to Senators I can say that the
reduction o f duties, as compared wtih the existing law, taking
the duties as figured out one year ago on the Payne-Aldrich
bill, are as fo llo w s :
On clothing wool, to begin with, the duty under the PayneAldrich law, and I repeat that I am using the importations o f
last year and in figuring out the ad valorem, is 44.5 per cent.
I am certain the importations at the present time w ill not
make that rate materially different. The duties on clothing
w ool under the Payne-Aldrich law are 44.5 per cent and under
the conference report 29 per cent.
On carpet w ool 37.24 per cent, and under the conference
report 29 per cent.
On combed w ool or tops and on wool or hair advanced in
any manner beyond the washed or scoured condition the duties
fixed under the Payne-Aldrich law are 73 per cent, 111 per cent,
112 per cent, and 252 per cent. The duty fixed under this con
ference report covering the entire paragraph is 32 per cent.
On yarns valued at not more than 30 cents per pound the
duty under the Payne-Aldrich law is 134 per cent, valued at
more than 30 cents a pound it is 76 per cent, and under the
conference report these duties would be 35 per cent.
Cloth, knit fabrics, plushes and other pile fabrics, dress goods,
wearing apparel, trimming, and so forth, under the Payne-Aldrich
law carried duties o f from 60 to 159 per cent. Under the confer
ence report they would carry a duty o f 49 per cent.
Blankets and flannels for underwear under the Payne-Aldrich
law take a duty o f 71 to 1S2 per cent. Under the conference
report, if it were to become a law, they would carry a duty o f
38 per cent.
Carpets under the Payne-Aldrich law, or under existing law,
take a duty o f from 50 to 80 per cent. Under this conference
report the duty would be from 30 to 50 per cent.
Now, Mr. President, I think I need make for the present no
further statement than to say to the Senate that in so fa r as
the duties are concerned the conference report presented at this
time is identical with the conference report presented one year
ago on this same schedule.
There is in one section a change o f a dozen w ords to correct
a verbal error that was found in the conference report upon
reviewing it, to which, let me say to the Senate, the conferees
upon both sides and o f both Houses were agreed. It makes no
alteration whatever in the rate as fixed in the conference report
o f 1911 and the conference report which I present to-day.
Mr. GRONNA. Mr. President, I ask the Senator from W is
consin how these rates compare w ith the rates submitted by
the Tariff Board. Are they very much low er?
Mr. LA FO LLETTE . Mr. President, that opens up a pretty
wide subject for discussion. I think it would be difficult indeed
for any tw o men taking the report o f the T ariff Board to arrive
at exactly the same conclusion with respect to the rates. I
think I may say, however, as a corollary to what I have already
1 01 86
CONGRESSIONAL RECORD— SENATE
paid, that no absolute rate can be deduced from the report o f
the Tariff Board on any specific thing, and if it were possible
to figure out a rate upon which everybody would be agreed
was the specific thing as reported by the board, upon which
there could be no dispute, then I think it would follow as a
matter o f reasoning that that could not safely be taken as an
absolute rate. A very slight change in the condition which
the Tariff Board found when they made their investigation
would alter any conclusion which they reached. Suppose, for
instance, the mills were to vary the hours o f labor, laying off
their hands, we will say, on Saturdays for a period of time.
I f that occurred after the board had made its investigation
o f the cost o f production in that mill or in those mills, then
the results would quite materially change.
So it is not possible to put your finger upon any particular
rate and say that that is the absolute finding o f the board.
Neither would it be possible for the board to make an absolute
finding which they could say to Congress should guide them in
making rates.
I think that the duty o f 2!) per cent fixed upon all wools in
the conference report just presented is a little lower than can
be fairly inferred to be from the conference report, in the judg
ment o f the Tariff Commission, upon the duty to be fixed on raw
wool, but at the same time an examination o f that report will
show that in 20 per cent o f the wool production o f this country,
that being the 'production o f wool upon the large farms or
ranches, where the keeping o f sheep is a matter o f relative im
portance, the cost o f producing wool is nothing; that the busi
ness is conducted mainly for the profit derived from the pro
duction o f m utton; that the production o f mutton gives upon
the great flocks upon the ranges a profit, and that the wool
produced is really a by-product, and is, to use a common ex
pression, what would be regarded as velvet, or clear gain, while
on the small farms, where sheep are kept in little flocks, if th.e
expense is figured out there it is so materially increased that
perhaps 75 or 100 per cent would not be a sufficient protection;
that is, that sheep so kept are not considered as a business by
itself— is not an economic business—but fitted in the general
economy o f the farm, kept as a sort o f scavenger in their graz
ing ; the small flocks, when taken with everything else on the
farm, are worth while to the farmer.
Now, that is a somewhat extended and somewhat perhaps
disconnected answer to the Senator’s inquiry, but I think it
makes the best answer that can be given from the report of
the Tariff Board.
M PENROSE. Mr. President, I should like to ask the Sen
x*.
ator from Wisconsin whether he considers the report o f the
Tariff Board to be in favor o f ad valorem rates?
Mr. LA FOLLETTE. N o; Mr. President, I do not, and if we
are to go into that subject, and I am peiffectly willing to go
into it, I think it can plainly be shown upon the best authority
in this country that the Tariff Board are radically wrong. I
am. prepared to go into that subject at length if it is raised,
and to demonstrate, I think, beyond any question, upon the
very highest authority o f this country, recognized as the highest
authority o f the country among manufacturers, by which it
can be shown that the conclusions o f the Tariff Board in that
respect are radically wrong.
Mr. MASSEY. Mr. President, the' question involved in the
report o f the conference committee involves, as I understand it,
something more than a mere question of schedules. It in
volves, as I understand the matter, a question o f principle upon
which for many years I have entertained and have now de
cided views.
So far as other Senators are concerned, I presume they possess
an advantage in determining how they ought to vote on this
report. Upon education and by principle based upon the leg
islative history o f the country I am now, and expect to con
tinue to be, without apology, a believer in the doctrine o f a
pi’otective tariff. W ool and sugar are two o f the industries from
which the people o f my State expect to receive and have re
ceived advantages under a protective tariff.
I do not rise, Mr. President, for the purpose o f making a
tariff speech, and I do not intend at this'tim e to do so further
than to say that while I am not wedded to a schedule and while
I realize that any tariff schedules that may be agreed upon by
this Congress will probably not meet the changing conditions of
the country five years from now, or possibly less, I, as a pro
tectionist and a believer in the doctrine o f protection, have my
doubt as to the wisdom of voting for a bill that meets the ap
proval o f Senators upon the other side o f the Chamber. There
fore, I shall be compelled, not because my own State is
peculiarly or particularly interested in the wool industry,
to vote against the substitute tendered in the way o f amend
ment by the conference committee.
A ugust 5
I say this so that my attitude may be understood and so that
there may be no question o f my action as a Senator from one
o f the sovereign States o f the Union. I realize in saying it that
Senators upon the other side o f the Chamber are just as sincere
in their attempt to secure a revenue tariff as I am to secure a
protective tariff: but, as I have said, having very serious doubt
as to the protective features o f a wool schedule that can meet
the support of the Democratic m ajority in the House o f Repre
sentatives, I shall not vote for the pending conference report
upon the theory that we are getting any protection. Therefore
I shall vote against the conference report.
’
The PRESIDEN T pro tempore. The question is upon the
motion o f the Senator from Wisconsin [Mr. L a F ollette ] to
concur in the conference report.
Mr. PENROSE. Mr. President, I ask for the yeas and nays
The PRESIDEN T pro tempore. The Senator from Pennsyl
vania asks for the yeas and nays.
Mr. CUMMINS. Mr. President, I do not rise to discuss the
conference report, but to make a very brief statement with
respect to my own attitude toward it.
A year ago I voted for a conference report that was identical
with the report now before the Senate. Since that time the re
port o f the Tariff Board upon this subject has been made. I
have given it the most diligent and the most impartial study
o f which I am capable. I agree with the Senator from W is
consin in the statement that it is impossible for any man to
make deductions from the report and assert that they are the
only deductions that can be made from it. Nevertheless, I
reached the conclusions which I stated when I presented my
amendment to the H ouse-bill. I stated then, and I believe
it to be true, that the minimum duty upon scoured wool or
clean wool warranted by the report o f the Tariff Board for all
wools of a higher price, say, 40 cents a pound or more, is 15
cents a pound, with a maximum duty on the lower-priced wools
o f 40 or 45 per cent. The duty o f 20 per cent on all wools, as
measured by the facts, as I understand them, disclosed in the
Tariff Board report, is substantially less than 15 cents a pound
on clean wool. It is so substantially less that, following the
course which I originally laid out for myself, viz, that without
good evidence to the contrary I would accept the information
furnished by the Tariff Board, I can not vote for the conference
report, much as I desire a substantial, even a radical, reduction
in the duties upon wool and the manufactures o f wool. In
the coming roll call, if I were at liberty to vote, which I shall
not be, having paired myself with a Senator who would, if
present, vote for the conference report, I should vote against it.
Mr. LA FOLLETTE. Mr. President, instead o f taking the
time o f the Senade to discuss this subject, and particularly the
report o f the Tariff Board on Schedule K, the schedule under
consideration, I am going to ask unanimous consent to have
printed in the R ecord an analysis o f the report o f the Tariff
Board upon this schedule made by Mr. Samuel S. Dale, editor
o f the Textile W orld Record, published in Boston. I will only
say in introducing this analysis that Mr. Dale is not a theoreti
cal expert upon this subject. He attained his commanding posi
tion as the leading authority in this country through practical
experience. lie served his apprenticeship in the business of
wool manufacturing, worked up through all the grades, became
the superintendent o f a large mill, had an extended experience
as such superintendent, and finally became editor o f the Textile
W orld Record. His standing is such among all wool manufac
turers and among tariff experts that the Tariff Board engaged
him to prepare a critical analysis o f Schedule Iv and to advise
the board as to the best methods o f making a study o f the cost
of production in the woolen industry.
I understand that he was connected with the board from the fall
o f 1910 until April or May, 1911, when he resigned, because he
disagreed with the methods the board proposed to follow in the
investigation o f the industry. They disregarded his advice, and
since he was convinced that they were proceeding along wrong
lines, he severed his relations with the board. Since the pub
lication o f its report on the wool schedule he has made a com
prehensive review o f it, which I have here in printed form.
Mr. SIMMONS. Mr. President-----The PRESIDENT pro tempore. Does the Senator from W is
consin yield to the Senator from North Carolina?
Mr. LA FOLLETTE. I do.
Mr. SIMMONS. I should like to suggest to the Senator from
Wisconsin that I think Mr. Dale’s analysis has been printed in
the R ecord at the instance o f some Member o f the other House,
and practically all o f it has been printed in the R ecord at my
instance in connection with a speech I delivered the other day.
I would suggest to the Senator that, instead o f printing it in
the R ecord , it be made a public document.
Mr. LA FOLLETTE. Well, I should like to have it put in
the R ecord in connection with the proceedings o f to-day, and
1912
CONGRESSIONAL RECORD— SENATE
finer classes of dress goods and cloths for men’s wear. All the arti
cles in both these schedules which could he classed as necessaries of
life, and which are worn by our working men and women, would he
D etected by the rates proposed to the extent of exclusion of the for
eign article, while upon all the finer and more expensive products,
which are in the nature of luxuries and purchased largely by the rich,
the rates would place no restraint upon importations and would fur
nish no protection to the American producer.
“ Specific duties have been advocated by all our Secretaries of the
Treasury, with one notable exception, Mr. Robert J. Walker, from
Hamilton to the present incumbent of the office.
The opinions of
these officers are given in Appendix A.
All the leading statesmen
and financiers of Europe and all acknowledged authorities on taxa
tion on either side of the Atlantic have advocated specific duties. They
have been commended by all the principal administrative officers of
customs, by the leading merchants, and by the chambers of commerce
in all of our large cities for their simplicity and certainty in execu
tion.
No expert knowledge is required for their enforcement by cus
toms officials, as the articles upon which they are levied have only
to be counted, weighed, or measured.
W hile specific duties. are less
liable to evasion and are certain and uniform in their operations, giv
ing greater stability to the revenues, they also have the beneficial
tendency to exclude from the country inferior, adulterated, and worth
less goods.
A p p e n d ix A .
SPECIFIC DUTIES.
In 1795 Secretary Hamilton reports to the House of Representatives
that, by existing laws, about one-third of the duties was derived from
articles rated ad valorem, and a d d s:
.
.
.
“ In other nations, where this branch of revenue, as with us, is of
principal or very considerable consequence, and where no peculiarity of
situation has tended to keep the duty low, experience has led to con
tract more and more the number of articles rated ad valorem, and, of
course, to extend the number of those rated specifically— that is, ac
cording to weight, measure, or other rules of quantity. The reason of
this is obvious ; it is to guard against evasions, which infallibly hap
pens in a greater or less degree when duties are high.
* * * It is
needless to repeat that this will contribute as much to the interest of
the fair trader as to that of the revenue.
“ It is believed that in our system the method of rating ad valorem
could, with convenience, be brought within a much narrower compass,
and it is evident that to do so will contribute materially to the security
of Hie revenue.”
(American State Papers, Finance, vol. 1, p. 348.)
Secretary Gallatin, reporting to the Senate in 1801, said :
“ In order to guard as far as possible against the value of goods
being underrated in the invoices, it would be eligible to lay specific
duties on all such articles now paying duties ad valorem as may be
susceptible of that alteration.”
(American State Papers, Finance,
vol. 1, p. 702.)
Secretary Dallas, reporting to the House of Representatives in 1816,
says :
“Articles imported to a great amount should rather be charged with
specific duties upon their weight and measure, in order to guard against
evasions and frauds, than with ad valorem duties on their value.’
(American State Papers, Finance, vol. 3, p. 91.)
Secretary Crawford, in 1817, in the report concerning revision of the
revenue laws already referred to, calls attention to the subject of
frauds, particularly in the importation of articles upon consignment
paying ad valorem duties, and recommends a series of remedial provi
sions, which are mainly applicable to importations subjected to ad
valorem duty, to which he a d d s:
“ Whatever may be the reliance which ought to be placed in the
efficacy of the foregoing provisions, it is certainly prudent to diminish
as far as practicable the list of articles paying ad valorem duties,” and
submits a list of 124 enumerations to be transferred to the class of
specifics. In 1819 he submitted a further list. (American State papers,
Finance, vol. 3, pp. 236, 415.)
Secretary Meredith, in his report of December 3, 1849, says :
“ I propose a return to the system of specific duties on articles on
which they can be conveniently laid.
The effects of the present ad
valorem system are twofold, viz, on the revenue and on our own pro
ductions
Experience has, I think, demonstrated that, looking exclu
sively to the revenue, a specific duty is more easily assessed, more
favorable to commerce, more equal, and less exposed to frauds than any
other system. Of course such a duty is not laid without reference to
the average cost of the commodity. This system obviates the difficulties
and controversies which attend an appraisement of the foreign market
value of each invoice, and it imposes an equal duty on equal quantities
of the same commodity.
Under the ad valorem system goods of the
same kind and quality, and between which there can not be a difference
in value in the same market at any given time, nevertheless may often
pay different amounts of duty. Thus the hazards of trade are unneces
sarily increased.
.
,
,,
.
“ To levy an ad valorem duty on foreign valuation equably at the
different ports is believed to be impossible. That the standard of value
at any two ports is precisely the same at any given time is wholly
improbable.
The facilities afforded to frauds upon the revenue are
very great, and it is apprehended that such frauds have been and are
habitually and extensively practiced. The statements annexed (marked
O ), to which I invite special attention, exhibit in a strong light the
dangers to which this system is necessarily exposed.
“ As the standard of value at every port must at last depend upon the
average of the invoices that are passed there, every successful attempt
at undervaluation renders more easy all that follow it.
The conse
quences are, not only that the revenue suffers, that a certain sum is
in effect annually given by the public among dishonest importers as
a premium for their dishonesty, but that fair American importers may
be gradually driven out of the business and their places supplied by
unknown and unscrupulous foreign adventurers.”
The adoption of specific duties has been uniformly favored by the
executive officer of the Government and has been specially recommended
by a number of the Secretaries of the Treasury in recent years.
Secretary Bristow, in his annual report for 1876, m commenting
upon the administration of the customs revenues,. said :
“ Another remedy, and the most effective which could be adopted
for correcting the evils of the appraisement system, is the substitution,
so far as practicable, of specific for ad valorem duties.
This change
would work a great reduction in the amount of labor requiring the
knowledge of experts. The entire process of ascertaining duties would
be more simple, certain, and safe.
Opportunities for collusive under
valuation would be greatly lessened, and if errors were committed they
could not, as to specific rates and amounts, be accounted for except
10199
upon the supposition of culpable negligence or actual fraud, whereas,
in respect to ad valorem duties, an error of judgment may readily be
assigned as a sufficient explanation.
“ Such change, either with or without a decrease in the number o f *
dutiable articles, would insure a very considerable reduction of the
force at the chief ports, with a consequent diminution of expenses.”
Secretary Sherman, in his report to Congress for 1878, made the
following suggestions with respect to specific duties :
“ W hile not recommending a general revision of the tariff at the
present time, it is deemed important that upon some articles the ad
valorem duties now assessed should be converted into specific duties.
A s a rule, specific duties are to be preferred to either ad valorem or
compound rates, and in any future revision of the tariff it is hoped
that Congress will give preference to this system of imposing duties as
far as practicable. The argument in favor of specific duties applies
with great force to kid gloves, concerning the value of which, under the
present ad valorem duties, serious differences of opinion have occurred
between the importers and the Government during the past year, which
have led to protracted delays in the ascertainment of the dutiable value,
and consequent injury to the mercantile community.”
In his report on the collection of duties for 1885 the late Secretary
Manning said :
“ In a system of ad valorem rates there are two critical p o in ts:
One is dutiable value and the other is rate of duty. The present rate
of duty on certain silk goods is 50 per cent of the market value at the
time of exportation in the principal markets of the country, or what is
equivalent to one-half of the importation.
I f the law 'were so ad
ministered by the Treasury Department that on the importation of
one importer 50 per cent was levied, and on the importation of another
importer 40 per cent, and on that of another importer 30 per cent,
there would be a general outcry. So there would be if an importer
at New York was required to pay only 30 per cent and if of another
at Buffalo was demanded 40 per cent and of another at Chicago was
required 50 per cent. But none the less illegal and intolerable result
would follow if the dutiable value on one importation were fixed at
$100, on another, by the same vessel, at $80, and on another, by the
same vessel, at $60, the merchandise in all of the three being similar.
If importers can illegally control dutiable values, they can control the
amount of duties paid on the merchandise, although the ad valorem
rate may be fixed and uniform for everybody and every port in the
country.
*
*
*
*
*
*
*
“ I do not make a recommendation to Congress for the restoration of
the ‘ old moiety system ’ and the statutory inducement to informers, or
the law concerning intent and burden of proof, which existed from 1799
to 1874. And I do not so recommend for the reason that the purpose
of the House and Senate, in respect to the simplification of the rates
of duty and a prudent enlargement of the application of specific rates,
is necessarily unknown.
Should some such last-named change be not
made, I have little faith that the existing power of the Executive and
of the courts will be adequate to secure honest invoices and full ap
praisement.❖
*
*
*
*
*
*
“ The following extracts from the report of Mr. Forward, made
nearly half a century ago, are instructive now, by way of showing his
appreciation of the relation between ad valorem and specific rates, and
the light in which foreign manufacturers sending their goods to this
country on consignment were then regarded :
“ ‘ W ith a view to guard the revenue against fraudulent undervalua
tions which can not be entirely prevented by the existing scheme o f.
ad valorem duties, specific duties are proposed in nearly all cases when
practicable. The operation of the system of specific duties may not be
perfectly equal in all cases in respect to the value of the articles in
cluded under it, but this inconvenience is more than compensated by
the security of the revenue against evasions and by the tendency of
specific duties to exclude worthless and inferior articles, by which pur
chasers and consumers are often imposed on.’
*
*
*
*
*
*
*
“ One advantage, and perhaps the chief advantage, of a specific
over an ad valorem system is in the fact that under the former duties
are levied by a positive test, which can be applied by our officers while
the merchandise is in the possession of the Government, and according
to a standard which is altogether national and domestic. That would
be partially true of an ad valorem system levied upon ‘ home value,’
but there are constitutional impediments in the way of such a system
which appear to be insuperable. But under an ad valorem system the
facts to which the ad valorem rate is to be applied must be gathered
in places many thousand miles away, and under circumstances most
unfavorable to the administration of justice.”
The present Secretary of the Treasury, in that portion o f his last
annual report relating to the administration of the customs laws, used
the following language:
“ Whatever the rates of customs taxation may be, the laws for the
collection of the same shouM be made as efficient as possible.
In this
the bona fide importer, who wishes to gain only the legitimate profits
of his business, the home manufacturer, and laborer are equally in
terested.
They all have a right to demand that the laws be so ad
ministered as to give them every possible protection in their business
The high ad valorem tariff of the last quarter of a century has been
the fruitful cause of devices to gain improper advantage at the custom
house
It is therefore desirable that m revising and reducing rates
of duty they should be made specific instead of ad valorem, so far as
the nature of the merchandise will admit. Theoretically considered,
ad valorem are preferable to specific duties, but in practice, under such
rates as we have bad and must continue to have for years to come
the former are the too easy source of deception and inequality at the
customhouse.
Congress has it in its power to change from time to
time, as may be advisable, specific lates, so as to meet any permanent
changes in values.”
In his report of December 4, 1911, Secretary MacVeagh likewise
say s:
AD VALOREM AND SPECIFIC DUTIES.
“ The experience of the Treasury Department in administering the
tariff laws brings to all who share this experience the most positive
conviction that tariff legislation should adopt the policy of establishing
specific duties instead of ad valorem duties wherever the nature of the
article involved makes that a possibility. The practice of adopting ad
valorem duties adds to the ease and quickness with which legislation
may be prepared; but that is its only .helpful quality— and that lonely
quality has its palpable drawbacks. ‘Ad valorem duties lead directly
to the great majority of all the frauds upon the revenues with which
10200
CONGRESSIONAL RECORD— SENATE.
A ugust 5
O liver ]. W e have arranged for a transfer so that we may both
vote. I therefore transfer my pair with the Senator from Mis
sissippi [Mr. P ercy ] to the junior Senator from Pennsylvania
[Mr. O liver ] and w ill vote. I vote “ nay.”
Mr. SM ITH o f South Carolina (when his name was called).
I have a general pair with the Senator from Delaware [Mr.
R ich ard so n ]. I transfer that pair to the Senator from Maine
[Mr. G ardner ] and w ill vote. I vote “ yea.”
Mr. SMOOT (when Mr. S teph en so n ’ s name was called).
The Senator from Wisconsin [Mr. S t eph en so n ] is out o f the
city. He has a general pair with the Senator from Oklahoma
[Mr. G ore]. I f the Senator from Wisconsin were present he
would vote “ nay.”
Mr. SUTHERLAND (when his name was called). I have a
general pair with the Senator from Maryland [Mr. R a y n e r ] ,
The Senator from Texas [Mr. C ulberson ] has a pair with the
Senator from Delaware [Mr. du P ont ]. By arrangement I
transfer my pair to the Senator from Delaware [Mr. du P o n t ]
so that he w ill stand paired with the Senator from Maryland
[Mr. R a y n e r ], I vote “ nay.”
Mr. W ARREN (when his name was called). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F oster ],
and therefore withhold my vote.
Mr. WATSON (when his name was called). I have a gen
eral pair with the senior Senator from New Jersey [Mr. B riggs ],
but transfer that pair to the junior Senator from Nebraska
[Mr. H itc h c o c k ] and will vote. I vote “ yea.”
Mr. W ETMORE (when his name was called). I have a gen
eral pair with the senior Senator from Arkansas [Mr. Clarke ],
but by mutual arrangement that pair has been transferred to the
Senator from Idaho [Mr. H eybu rn ], and I am therefore at lib
erty to vote. I vote “ nay.”
I also desire to say that my colleague [Mr. L ip p it t ] is un
avoidably absent from the Chamber. He is paired with the
Senator from Tennessee [Mr. L e a ]. I f my colleague were pres
ent he would vote “ nay.”
The roll call was concluded.
Mr. CULBERSON (after having voted in the affirmative).
Under the arrangement announced by the Senator from Utah
[Mr. S u th erlan d ] I w ill allow my vote to stand.
Mr. GALLINGER. I am requested to announce that the Sena
Mr. GRONNA. Mr. President, the rates proposed by the con tor from Colorado [Mr. G u g g en h eim ] is paired with the Senator
ference committee are not what I wish they were— that is, I from Kentucky [Mr. P a y n t e r ].
would prefer a specific duty Vj]V di* tkna- v k . j y nlnvovn duty;
iiJS-"
Mr. BAILEY. I have now, and have had for quite a time, a
but when we take ti^tk^iiTmAAldrieh bill luuD^oqsider the pair with the Senator from Montana [Mr. D i x o n ] , and I there
provision for 0 ^ ^ " x v o o l , I believe that even this irtt'e.is as fore refrain from voting on this question. In order to save
high, or nearly as high, as it is under the Payne-Aldrich hill myself and the Senate the trouble o f repeating this announce
£0 far"as it applies to raw wool. For that reason I shall vote ment from time to time, I desire it to answer for all votes until
/ f o r the adoption o f the Conference report.
the Senator from Montana returns.
The PRESIDEN T pro tempore. The Senator from Pennsyl
Mr. CHAMBERLAIN. I am requested to announce that the
vania [Mr. P enkose] has asked for the yeas and nays on the senior Senator-from Oklahoma [Mr. O w e n ] is paired writh the
! adoption of the conference report. Is there a second?
senior JjtfUfitor from Nebraska [Mr. B r o w n ]. I desire to have
\
The yeas and nays were ordered, and the Secretary proceeded tM s^m ouncem ent stand for the day.
to call the roll.
y a lr . M ARTINE o f New Jersey. I desire to announce the pair
BANKHEAD (when his name was called) . _ |
a, I ' existing between the Senator from Arkansas [Mr. D a v is ] and
i>a iTTriaiilliii Senator from liliilln I iiLh. iiiiihWW'ff’r 'H transfer the Senator from Kansas [Mr. C u r t is ].
that pair t o u m 1
9HH8F ‘SHfillor Irorn Arkansas [Mr. Clarke ]
The result was announced—yeas 35, nays 28, as follow s:
and will vote. I vote “ yea.”
Y E A S — 35.
Mr. BRANDEGEE (when h is-name was called). I have a Ashurst
Fletcher
Newlands
Smith, S. C.
Overman
Gronna
Stone
general pair with the junior Senator from New York [Mr. Bacon
Johnson, Me.
Pomerene
Bankhead
Swanson
O ’G o b m a n ]. Not seeing him present, I withhold my vote. I f
Reed
Johnston, Ala.
Bristow
Thornton
I were at liberty to vote, I should vote “ nay.”
Shively
Kern
Tillman
Bryan
Simmons
La Follette
Watson
Mr. CHAM BERLAIN (when his name was called). I have Chamberlain
Smith, Ariz.
Martin, Va.>
W illiam s
Clapp
a general pair with the senior Senator from Pennsylvania [Mr. Crawford
Smith, Ga.
Works
Martine, N. J.
O liver ]. I transfer that pair to the*senior Senator from Mis Culberson
Smith, Md.
Myers
sissippi [Mr. P ercy ] and will vote. I vote “ yea.”
NAYS— 28.
Mr. WATSON (when Mr. C h il t o n ’ s name was called). My Borah
MeCumber
Root
Crane
McLean
Sanders
Cullom
colleague [Mr. C h il t o n ] is absent on account o f illness. He Bourne
Massey
Smith, Mich.
Dillingham
Bradley
is paired with the Senator from Illinois [Mr. C ullom ]. I f my Burnham
Smoot
Nelson
Fall
colleague were present, he would vote “ yea.”
Page
Gallinger
Sutherland
Burton
Penrose
Townsend
.Tones
Mr. CULLOM (when his name was called). I have a gen Catron
Perkins
Wetmore
Lodge
Clark, Wyo.
eral pair with the junior Senator from West Virginia [Mr.
NOT VOTING— 31.
C h il t o n ]. I f he were present he would vote “ yea,” and if I Bailey
Heyburn
Paynter
Davis
Hitchcock
Percy
Dixon
were at liberty to vote I should vote “ nay.”
Brandegee
Kenyon
du Pont
Poindexter
Briggs
Mr. THORNTON (when Mr. F oster ’ s name was called). I Brown
Lea
Rayner
Foster
announce the necessary absence o f my colleague [Mr. F oster ], Chilton
Lippitt
Richardson
Gamble
O’Gorman
Gardner
Stephenson
and I ask that this announcement may stand for the day. I Clarke, Ark.
Oliver
Warren
Gore
w ill state further that he is paired with the Senator from Cummins
Owen
Guggenheim
Curtis
[Wyoming [Mr. W arren ].
So the conference report was agreed to.
Mr. CUMMINS (when Mr. K enyon ’ s name was called). My
The PRESIDEN T pro tempore. The bill straffs passed.
Colleague [Mr. K e n y o n ] is detained from the Senate.
.. , LEGISLATIVE APPRO t> t ft TLt^w-TffrT.
1?
Mr. McCUMBER (when his name was called). I have a gen
Mr. WARREN. I~ w IsF t^ a sF th e Senate to take up the con,
eral pair with the senior Senator from Mississippi [Mr. P ercy ],
The senior Senator from Oregon [Mr. C h a m b e r l a in ] stands ference report on the legislative, executive, and judicial appropaired with the junior Senator from Pennsylvania [Mr. priation bill (PI. R. 24023).
the Treasury Department has to contend ; and they do all they can to
drive honest importers out of business. They add exceedingly to the
expense and responsibility of administration and are responsible in
largest measure for whatever demoralization exists in the importing
appeal, but In practice they ar<j a delusion and a snare.”
The Tariff Board in its report on Schedule K discusses the objections
to the present system of levying duties. On page 394, it s a y s :
“ The economic objection to an-ad valorem duty on wool arises from
the fact that the amount of duty paid, since it fluctuates with the
foreign value of the commodity, would not bo adjusted to the needs of
the Government, of the consumer, nor of the American woolgrower.
A speculative change in the market which increased the price of wool
would automatically lead to an increase in the amount of duty at the
very time that the manufacturer is most hampered by the existing lugn
price, when the consumer most needs relief, and the woolgrower is
most prosperous. On the other hand, a fall in price brings a reduction
of duty at a time when the woolgrower is at greatest disadvantage and
when manufacturers can best afford to pay the tax.
“ The tendency of sheep breeding all over the world is toward cross
breds and the advocates of ad valorem wool duties have complained
that ’under the present system of specific duties crossbreds can bo
imported more favorably than merinos, and that when the market
for crossbreds declines the advantage in favor of the crossbreds is still
further increased. During the season 190G-7, which was a normal one,
the specific duty on South American crossbreds, taking into account the
prices then prevailing in the foreign markets, was equivalent to an ad
valorem rate of about 4 3 -4 5 per cent. In the following season, 1907-S ,
Including the time of the financial panic prices abroad declined stead
ily so that in May, 1908, the specific duty on the same grade of cross
bred wool was equivalent to an ad valerom rate of 75 per cent. By
thus increasing the ad valorem equivalent when foreign prices are low
and decreasing it when foreign prices are high the specific duty auto
matically protects American woolgrowers against declines in the wool
markets abroad and at the same time favors the American buyer when
the foreign wools increase in value. In the case of drought or other
calamity in the American woolgrowing industry and overproduction
abroad,'or vice versa, the specific duties would have a corrective tend
ency. Ad valorem duties would act in an entirely contrary manner—
decreasing with the decline of values abroad and increasing with the
rise of foreign markets, thus tending to throw open the American
market to foreign wools in times of depression, when they could least
withstand such pressure, and, on the other hand, when there was a
scarcity of wool at home and prices soared, it would be impossible to
find relief abroad.
“ America occupies a unique position among the nations with regard
to her woolgrowing and wool manufacturing, having practically no
outlet for either in foreign markets. The American"woolgrower is en
tirely dependent upon the home market. If the basic idea of the duty
on wools is to give the domestic grower permanent protection, it should
remain as uniformly effective as possible under all changes of foreign
conditions (shortage, overproduction, etc.). Ad valorem duties would
not accomplish this, being ineffective in times of overproduction and low
prices abroad, and giving an unnecessarily high protection in times of
scarcity and high prices in foreign countries.”
1912
CONGRESSIONAL RECORD— SENATE.
Mr. M cCUMBER. W ill not tlie Senator from W yom ing yield
to me to have disposed o f the conference report on the pension
appropriation bill?
Mr. W AR REN . I have nothing to yield, because I have not
yet got up the report, but I will do so if the report is taken up.
The PRE SID EN T pro tempore. The Senator from W yoming
asks that the Senate now take up for consideration the con
ference report on what is known as the legislative bill. Is there
objection? The Chair hears none. The conference report is
before the Senate.
Mr. McCUMBER. W ill the Senator from W yom ing yield
to me?
Mr. W AR REN . For what purpose? I ask thd Senator.
Mr. M cCUMBER. It is for the purpose o f disposing o f the
conference report on the pension appropriation hill as soon as
it is possible to do so.
Mr. W ARREN . As the pensioners o f this country are to-day
without their last quarter’s pensions, and there is no money
with which to pay them the amounts that were due on the 4th
day o f this month, I feel I am justified, although I am anxious
that the conference report on the legislative bill shall be dis
posed of, in yielding to the Senator from North Dakota time to
present his conference rep ort; and I hope it may proceed as
rapidly as the pleasure o f the Senate w ill permit, as it is a very
important matter.
Mr. M cCUMBER. I am obliged to the Senator from W y o
ming.
PENSION APPROPRIATION BILL.
Mr. M cCUMBER. I present the report I send to the desk.
Mr. SM ITH o f Georgia. Mr. President, the Senate having
taken up the other report by unanimous consent, can it be dis
placed in this w ay?
The P R E SID E N T pro tempore. The Chair does not under
stand it is displaced, but the Senate can permit it to be tem
porarily interrupted for the purpose o f considering another
matter.
Mr. SM ITH o f Georgia. But that would also require unani
mous consent, would it not?
The PRE SID E N T pro tempore. The Chair is o f the opinion
that it would not. It can be done by a m ajority vote or when
no objection is interposed.
Mr. LODGE. But a conference report is privileged.
The P R E SID E N T pro tempore. Unanimous consent is not
required to receive a conference report.
Mr. W ARREN . The first presentation o f a conference report
is, under our rules, privileged, and it can be made at any time
except during the reading o f the Journal.
The PR E SID E N T pro tempore. The Senator from W yoming
is correct.
Mi1 W ARREN . Its consideration afterw ards is another
.
matter.
The PR E SID E N T pro tempore. The Senator from W yoming
is entirely correct. The only suggestion presented to the Chair
was whether the unanimous consent to take up the report for
consideration could be displaced, even for an interruption, ex
cept by unanimous consent. But the Chair w ill hold-----Mr. OVERMAN. Are not unanimous consents always made
subject to the rules o f the Senate?
The PRE SID EN T pro tempore. The Chair does not under
stand a unanimous consent to take up a bill to stand in the
same category as a unanimous consent fixing the procedure of
the Senate, and that it w ill after thus taking up a bill con
tinue its consideration until finally disposed of. It is only
an acquiescence or consent on the part o f the Senate in taking
up a bill. But the Chair does not hold, that that would
prevent the Senate from laying it aside at any time it wishes
to do so. It is not in the nature o f a unanimous consent which
would bind the Senate to consider it until a final vote upon it-.
Mr. M cCUM BER. I think we can dispose o f this report
within a very few moments.
The P R E SID E N T pro tempore. It is consent to proceed to
its consideration, but it is not in the nature o f a unanimous con
sent that binds the Senate to continue its consideration until
the matter is disposed of. There is no such provision in the
agreement which the Senate made. It was simply to proceed to
its consideration. It was not an agreement that it might pro
ceed longer than might suit the pleasure o f the Senate.
Mr. SM ITH o f Georgia. The matter which w as before the
Senate was the report o f a conference committee.
The PR E SID E N T pro tempore. Yes.
Mr. SM ITH o f Georgia. It was certainly as privileged as
any other report o f a conference committee, and having been
taken up by unanimous consent for action-----The P R E SID E N T pro tempore. The Senate w ill please be
in order------
10201
Mr. SM ITH o f Georgia. Surely the chairman in charge o f
the first conference report would not have authority to consent
to displace it and take up another conference report.
The PRE SID EN T pro tempore. The Senator from W yom ing
could not do anything more than consent to an interruption,
and it would then at last depend upon the action o f the Senate
if there were objection made.
Mr. LODGE. When the unfinished business has once been
laid aside tem porarily by unanimous consent, any business can
be taken up without displacing it.
Mr. BRANDEGEE. They are not talking about the unfin
ished business.
Mr. LODGE. I know. But as to a conference report, o f
course, it is privileged. That conference report was under
debate. This conference report has never been presented to the
Senate.
The PRE SID EN T pro tempore. The Chair w ill hold that the
right to present a conference report is a privileged right under
the rule.
Mr. LODGE. O f course.
The PR E SID E N T pro tempore. Then whether the Senate w ill
proceed to its consideration is a matter always within the control
o f a m ajority o f the Senate. As to the conflict with the prior con
sent, the Chair w ill repeat that the prior consent w as simply to
take up the matter. It w as not a consent which could not be
displaced at any time by a m ajority vote o f the Senate. I f it
had been that the Senate should take up the measure and
proceed with its consideration to a final conclusion, then it
could not have been displaced; but there was no such agree
ment on the part o f the Senate. It w as simply an agreement
to proceed to the consideration o f it, which the Senate could
withdraw at any time it saw fit to do so.
Mr. SM ITH o f Georgia. I did not mean to suggest a view
in any respect different from the ruling o f the Chair. I under
stood that-----The PR E SID E N T pro tempore. The Chair w ill hold that if
the question o f the consideration o f the report presented by the
Senator from North Dakota is raised, then that is a matter to
be determined by a m ajority vote o f the Senate. I f not raised,
the Chair w ill consider it as acquiesced in by tlie Senate and
w ill proceed to put the question on its adoption.
M r. M cCUMBER. I ask that tlie report be read.
The report w as read, as fo llo w s :
The committee o f conference on the disagreeing votes o f the
tw o Houses on the amendments o f the Senate to the bill (II. R.
189S5) making appropriations for the payment o f invalid and
other pensions o f the United States for the fiscal year ending
June 30, 1913, and for other purposes, having met, after full
and free conference have agreed to recommend and do recom
mend to their respective Houses as fo llo w s :
That tlie House recede from its disagreement to the am end
ment o f the Senate numbered 1, and agree to the same with an
amendment as fo llo w s :
In the matter inserted by the Senate strike out the words
“ $500,000, or so much thereof as may be necessary, to be imme
diately available ” ; and the Senate agree to the same.
That the House recede from its disagreement to the amend
ments o f the Senate numbered G, 7, 8, and 12, and agree to the
same.
The conferees further report that they are unable to agree as
to amendments numbered 2, 3, 4, 5, 9, 10, and 11.
P. J. M cC um ber ,
H en ry E. B u r n h a m ,
B e n j a m in F. S h iv e l y ,
M a n a g e r s on th e p a r t o f th e S e n a te .
W il l ia m P. B orland ,
J a m e s W . G ood,
M a n a g e r s o n th e p a rt o f t h e H o u s e .
Mr. McCUMBER. Mr. President, there has been so much dis
cussion o f this matter within the last two or three days by
the press o f the country and the other House that it seems in
cumbent upon me to make some explanations concerning the
delay o f the conferees in reaching an agreement up to the pres
ent tim e; and so also some o f the charges that have been made
with respect to the action o f tlie Senate conferees seem to me
also to demand an answer upon my part.
For the past two days there have appeared divers articles in
the press purporting to quote from addresses made in the other
House in reference to the matter o f the disagreement between
the two Houses upon the pension appropriation bill. I have
not had an opportunity to examine the R ecord, but as portions
o f these addresses w ere under quotation, I assume that they
were as published.
110202
CONGRESSIONAL RECORD— SENATE.
A ugust 5 ,
Taking these addresses as a whole, the comedy o f A Mid changing this law by a bill for that purpose, pass it through
summer Night’s Dream is the soul o f seriousness compared with the House, and submit on its merits to the Senate.
the theatrical display apparent in the charges o f discourtesy
I have before suggested that if it comes before the Committee
and contempt made against the Senate conferees, or any mem on Pensions there will be no question but that we can call a
ber thereof, for refusing to surrender their strong and tenable meeting at any time and report it out o f the committee and into
position that whenever in an appropriation bill any general legis the Senate, so that it can be acted upon either affirmatively or
lation is sought to be enacted, and the two Houses are unable to negatively, and that is the proper way to dispose of it in case
agree with respect thereto, such proposed legislation should be the two Houses are unable to come to an agreement.
eliminated from the appropriation bill and placed on its merits
There need be no delay, and if an appropriation is made cov
before the Houses in a separate bill. In other words, that a ering these agencies and afterwards the agencies should be
bill whose proper scope is limited to appropriations ought not to abolished then the appropriation will not be spent. W e should
be seriously delayed by an attempt to force through as a rider not jeopardize the speedy passage of the appropriations, on
which we are all agreed, by insisting upon something upon which
that which the two Houses can not agree upon.
Mr. President, they pay scant compliment to the average in we do not agree and as to which up to the present time there
telligence o f the great army o f Civil W ar veterans who sup has been an irreconcilable difference between the conferees on
pose that the even tenor o f their way, political or otherwise, each side.
w ill be changed by blatant buncombe or pseudo sympathy.
Now, Mr. President, this brings me directly to the point
These veterans have long since passed the days o f childhood, whether or not it is proper that we should change these .gencies.
and are still very far from the second childhood of age. There That matter has been discussed upon this floor, and votes have
fore any argument in Congress or out o f Congress which deals been had upon it in past Congresses. Let us remember that the
with them with such shams and pretenses as would scarcely work which is now done by these agencies and their clerks must
appeal to a child over 10 years o f age is an insult to their be done by some o n e ; the work has to be d on e ; it can not be
intelligence.
left out o f consideration in abolishing the agencies. The clerical
They are just as capable to-day o f discerning friend from service and other service that would be required under the
foe in the political field as they were on the physical field agency system w ill be required here in the city o f Washington
of battle; and I am certain that the only influence that will if a change should be made. The grade o f clerks who will be
be created by any attempt to make political capital out o f the compelled to perform the services here and the grade of those
inability o f the conferees to reach an agreement on the question who will c ,rersee the work, the heads o f the bureaus or bureau
o f the abolition o f pension agencies will be a sentiment o f dis which has it under consideration, will be such that I assume
gust at so cheap and puerile an attempt.
it will cost very nearly as much here as it does at the several
Therefore that part o f the arguments published in the press agencies. For instance, these agency heads are paid $4,000 an
and purporting to come from the Representative o f a great nually. W e will, o f course, cease paying the agents $4,000 each
State which seeks to capitalize soldier sentiment by such if we abolish the agencies, but some one will have to be paid
arguments as I have mentioned seems to me to be not worthy here for overseeing that character o f work. Probably it will be
o f any reply, and I shall not dignify it by an attempt to assigned to clerks or officials who are receiving, say, a salary
o f from $2,000 to $2,500 annually. Then, Mr. President, there
answer it.
There are, however, charges against the conferees o f the would be a saving o f from twenty-five to thirty thousand dollars
Senate o f disrespectful treatment which should not go un upon th at item.
Now, that, in my opinion, would be the only saving, and the
answered. It is somewhat strange that this disrespectful treat
ment only impressed one who is not a member o f that con saving of some $4,000, I think, in rent; but I am not certain
ference. In justice to the conferees on both sides it is proper there would be a saving there, because I am inclined to think
for me to say that such a statement is worse than untrue. you would have to rent other buildings here for the extra clerks
The relations between the members o f the conference committee who would be required.
Now here arises, then, the difference in clerk hire, and my
on both sides have been most cordial and friendly. I f failure
to surrender a point constitutes contemptuous treatment, then candid belief is that it will cost more than the saving o f from
o f course each side has treated the other in a contemptuous twenty-five to thirty thousand dollars. Let us remember that
manner, and that is true o f every conference on every appro in Washington the' average clerk receives from twelve to four
teen hundred dollars per annum, or over $100 per month, with
priation bill, as all have been delayed for the same cause.
Much has been said concerning the cause o f delay in the a month on sick leave and a month o f vacation. I believe that
matter o f this pension appropriation bill. There has been just the average paid to the clerks in these several agencies runs
one cause o f delay, and that is that the Senate conferees and from $50 to $75 per month. Then let us remember that here
the House conferees have so far not been able to reach an the clerks cease to work always at half-past 4, and, whether
agreement. There are, of course, a number o f incidents which it is the climatic conditions or otherwise, it is well known by
have prevented meetings at times, such as the engagement everyone that a given number of clerks in a department in
o f Senators and Members and other causes o f delay in either the city of Washington never accomplish as much as would
the same number o f clerks anywhere else in the United States.
one House or the other, but they are incidental only.
I received word from a very important land office in Montana
There has been sufficient time to consider the differences,
and they have been considered many times when the con the other day in which it was stated to me, and stated as a
positive fact, that 7 clerks were there doing the work that
ferees were in session together and many times when the
conferees o f each one of the Houses were separately considering would ordinarily be done by from 15 to 20 clerks in the city of
the matter. The one great important cause has been the in W ashington; that they were working until 7 o’clock every
ability o f the conferees to agree. Practically every other appro evening— sometimes later— and were also working part o f Sun
priation bill is in exactly the same position. The conferees day, in order to keep up the work. Now, I place that as
were unable to agree, and resolutions had to be passed making against the efficiency o f the clerks in the departments in the
appropriations for the fiscal year until such an agreement could city o f Washington. Thus remembering, Mr. President, that
the clerical work will have to be done by clerks soinewdiere. I
be reached.
The House proposes to change existing law. The Senate pro believe that the extra cost o f doing the work in the city of
poses to continue the existing law. Each body has a right to Washington, upon our strict limitation of hours, will cost us
its own convictions. The members o f the conference on each in the long run much more than we could possibly save by abol
side are supposed to support the sentiment of their respective ishing these agencies.
Houses on the matter, or. failing in their efforts, then to se
Mr. President, this matter was discussed by the Senate last
cure an agreement that w ill conform as nearly as possible' to year. It was most thoroughly discussed, I think, two years ago
the expressed desire o f the Senate.
by the Senator from New Hampshire [Mr. G allin ger ], the
The position o f the two Houses to-day on the pension appro Senator from Kansas [Mr. C u r t is ], the Senator from Ken
priation is about this: The House has voted to abolish 17 out tucky [Mr. B radley ], and by other Senators, and the facts and
o f the 18 agencies. The Senate has voted to retain those agen figures they produced were such as to convince me, and, I be
cies. The House bases its action upon the ground that a saving lieve, to convince the m ajority o f the Members o f the Senate,
can be had to the Government by abolishing these agencies. The that there would be no economy in the abolition o f these
Senate bases its stand upon the assumption that no saving agencies.
would follow, but in the long run that the abolition o f all of
Mr. W ILLIAM S. Mr. President-— the agencies -would tend to increase the cost o f pension admin
Mr. McCUMBEIi. I yield to the Senator.
istration. The two Houses differ upon this question.
Mr. W ILLIAM S. I should like to ask the Senator if he can
I insist, with this radical difference between the two Houses. give a list of the States in which these agencies exist?
If the difference can not be reconciled by the conferees then
Mr. McCUMBER. I have not a list here, but I could un
the House should recede and should not hamper the passage doubtedly get it. I would have to send for the report o f the
o f necessary appropriations, but should take up the matter o f | Commissioner o f Pensions in order to give it. I w ill state that
CONGRESSIONAL RECORD— SENATE.
1912.
$48,000. This is true even if 100 clerks are dispensed with,
which I am sure can not be don e; and if it can not, then
the amount o f their salaries, $128,072, added to the $48,000, w ill
make a loss to the Government o f $176,072.
And this is the economy o f the proposition o f the House. The
approval o f the House bill, in addition, w ill result in turning
17 deserving old soldiers out o f office. Not only so, it will
result in turning out o f office hundreds o f clerks who are now
serving, because they can not come to Washington and work,
even fo r the increased salaries. These clerks are many o f them
old soldiers or widow s and children o f old soldiers.
Another thing, the clerks who are now in the pension offices
have acquired great experience. It w ill take new clerks months
and probably years to acquire the experience and do the work
that the present force is doing, and meanwhile the soldiers
must bear the brunt.
Another matter, Mr. President, whenever w e remove this vast
quantity o f records from all over the country w e run the risk
o f loss by fire and otherwise. W e entail an enormous amount
o f labor. W e delay pensioners in the collecting o f their money.
The loss o f papers may w ork great hardship in the future.
When these agencies w ere established, Mr. President, there
w ere few er pensioners than there are to-day. I f there w as a
necessity for these agencies then, there is surely greater neces
sity for them now. W hy this measure o f false economy should
be insisted on I am unable to see. It does nobody any good;
it injures instead o f relieves the soldiers; it increases the ex
pense instead o f diminishing i t ; and it prevents the soldiers
from prompt payment o f pensions.
Fqr those reasons, Mf*. President,.. I ’ Shall vote against the
adoption o f th<L££yiference report.
Mr. M-edTMBER.’ I believe the pending question is upon my
mojdon that the Senate Insist upon its amendments.
/M r , GALLINGEIt. N o; it is first on agreeing to the con
feren ce report.
The PR E SID E N T pro tempore. The only question now before
the Senate is on agreeing to the conference report. The Chair
w ill have it again read if desired.
Mr. McCUMBER. I do not think that is necessary.
The P R E SID E N T pro tempore. The Chair w ill state that
the conference report shows an agreement as to some items and
an inability to agree on others. The question is on agreeing to
the'Yeport.
Mr. SM ITH o f Georgia. I understand this question does not
affect really the geifttnl subject which has been under discus
sion.
Mr. GALLINGER. Not at all.
Mr. SM ITH o f Georgia. But that w ill come up later.
The PR E SID E N T pro tempore. It does not, as there are
some items on which the conferees agree. It does not affect
the question which may be subsequently submitted on which
there is a disagreement. The question is on agreeing to the
conference report.
The report w as agreed to.
Mr. OVERMAN. I do not know whether the Senator from
North Dakota heard a motion I gave notice o f— that I would
move to recede. But I yield to the Senator if he desires to
make another motion.
Mr. M cCUMBER. I think that I made the motion, and I
asked that it be laid aside until w e disposed o f the conference
report. My motion w as that UulJgPlWt» ■
J««thfii;J n sis t upon
its amendments ta-tlm H dfisebfll still in disagreement and that
a further conference be appointed on behalf o f the Senate by
the Chair.
Mr. OVERMAN. I move as a substitute for that motion that
the Senate recede from amendments numbered 2, 3, 4, and 5.
The P R E SID E N T pro tempore. The Senator from North
Dakota moves that the SenuJ^Ju&her insist upon its amend
ments still in disagreement. The Senator from North Carolina
moves that, the Senate recede from its amendments. The mo
tion to recede has precedence.
Mr. W ILLIA M S. Mr. President, this is a very important
question. I think there ought to be at least a quorum o f the
Senate present. I suggest the absence o f a quorum.
The PR E SID E N T pro tempore. The Senator from Mississippi
suggests the absence o f a quorum. The Secretary w ill call the
roil.
The Secretary called the roll, and the follow ing Senators
answered to their nam es:
Ashurst
Bacon
Bankhead
Bourne
Bradley
Brandesee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, W yo.
Cullom
Cummins
Dillingham
Fall
Gallinger
Gronna
Johnson, Me.
Johnston, Ala.
Kern
Da Follette
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Massey
Nelson
Newlands
Overman
Page
Penrose
Ferkins
Pomerene
Root
Sanders
Shively
Simmons
Smith, Ariz.
10211
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
W atson
Wetmore
W illiam s
Works
Mr. JONES. I desire to state that my colleague [Mr. P o i n
is absent from the city. I w ill allow this announce
ment to stand for the day.
The PR E SID E N T pro tempore. Upon the call o f the roll o f
the Senate 56 Senators have responded to their names, and a
quorum o f the Senate is present. The question is on the motion
o f the Senator from North Carolina [Mr. O v e r m a n ] .
Mr. McCTJMBER. I ask that the Chair restate the motion.
The PR E SID E N T pro tempore. The motion w as first made
by the Senator from North Dakota [Mr. M cC umber ], that the
Senate insist Upon its amendments and ask fo r a further con
ference. Pending that motion the Senator from North Carolina
moves that the Senate recede from its amendments upon which
there is a difference between the two Houses. The latter m o
tion has the precedence o f the two, and therefore that question
w ill be first put.
Mr. OVERMAN. On that I ask for the yeas and nays.
The yeas and nays w ere ordered.
Mr. SH IVELY. Mr. President, o f course, i f the motion o f
the Senator from North Carolina [Mr. O v e r m a n ] prevails, the
House provision for the abolition o f these pension agencies w ill
go into effect immediately on the approval o f the bill by the
President. W hile it is not my purpose to detain the Senate by
discussion on the merits o f the controversy that has arisen on
this provision, it should be noted before this vote is taken that
language which was quite suitable in the House provision when
the bill passed the House months ago may not be suitable now.
This provision was considered in both House and Senate w ith
reference to the appropriations carried by the bill becoming
effective at the beginning o f the present fiscal year. This is
true both o f the appropriations fo r pensions and the appropria
tions to defray the expense o f administration. The bill did not
become law before the beginning o f the present fiscal year. H ad
it become law in M ay or June, w ith the House provision in it,
no difficulty or little difficulty, so fa r as administration is' con
cerned, would have ensued. But w e have entered on the fiscal
year ending June 30, 1913. Over a month o f the year has ex
pired. The language o f the H ouse provision contemplated the
provision going into effect July 1, 1912. It is too late for that
language to be given effect in the full sense in which it was
adopted. I suggest that to adopt the pending motion without
qualification is to leave the situation with reference to these
agencies in the air.
I f a conclusion should be eventually
reached to abolish the agencies, the time o f their termination
should be fixed fa r enough ahead to give reasonable opportunity
to wind them up and make the required transfers to W ashing
ton. When the provision was adopted by the House it fixed a
time in the future when the agencies should terminate. To
now adopt the same House provision, as is sought by the pending
motion, is to fix the termination o f the agencies as o f five weeks
in the past.
The PR E SID E N T pro tempore. Tfie question is on the mo
tion o f the Senator from North Carolina [Mr. O v e r m a n ] to re
cede from the Senate amendments. Upon that question the yeas
and nays have been ordered.
Mr. SM ITH o f Michigan. Mr. President, I only desire to say
that in voting “ n a y ” on this motion I am but voicing the
wishes o f most o f the pensioners in the State o f Michigan, who
have personally memorialized me to oppose the abolishment o f
the pension agency at Detroit, who have been accustomed to
doing business there, and who have, by petition and otherwise,
asked that that office shall not be abolished. For that reason 4
propose to vote “ nay.”
The PR E SID E N T pro tempore. The question is on the mo
tion o f the Senator from North Carolina to recede from the
amendments o f the Senate. The Secretary w ill call the roll.
The Secretary proceeded to call the roll.
Ml*. B R AN D E G E E (when his name w as called ). In accord
ance with my previous announcement as to my pair, I w ithhold
my vote. I f I were at liberty to vote, I should vote “ nay.”
Mr. CH AM BERLAIN (when his name w as called ). I have
a pair with the junior Senator from Pennsylvania [Mr. O l i v e r ]
I transfer that pair to the senior Senator from Florida [Mr!
F l e t c h e r ] and w ill vote. I vote “ yea.”
Mr. CULLOM (when his name w as called ). I transfer my
pair with the ju n ior Senator from W est Virginia [Mr. C h i l
t o n ] to the Senator from South Dakota
[Mr. G a m b l e ] and
w ill vote. I vote “ nay.”
dexter]
CONGRESSIONAL RECORD— SENATE.
10212
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P ercy ]. I will transfer that pair to the junior Senator from
Iowa [Mr. K e n y o n ] and will vote. I vote “ nay.”
Mr. M cLEAN (when his name was called). I have a general
pair with the Senator from Montana [Mr. M y ers ], and there
fore withhold my vote.
Mr. ASHURST (when Mr. M yers ’ s name was called). I have
been requested to announce that the Senator from Montana
[Mr. M ye r s ] is paired with the Senator from Connecticut [Mr.
M cL e a n ].
Mr. SM ITH o f South Carolina, (when his name was called).
I have a pair with the Senator from Delaware [Mr. R ich ard
son ].
I transfer that pair to the Senator from Maine [Mr.
G ardner ] and will vote. I vote “ yea.”
Mr. SUTHERLAND (when his name w as called). On ac
count o f the absence of the Senator from Maryland [Mr. R a y n er ], with whom I am paired, I withhold my vote.
Mr. W ARREN (when his name was. called). I again an
nounce my pair with the senior Senator from Louisiana [Mr.
F oster ].
Mr. WATSON (when his name was called). I transfer my
general pair with the senior Senator from New Jersey [Mr.
B riggs ] to the Senator from Nebraska [Mr. B r o w n ] and will
vote. I vote “ yea.”
The roll call was concluded.
Mr. BRANDEGEE. I am informed that I may transfer my
pair with the junior Senator from New York [Mr. O ’ G o r m a n ]
to the junior Senator from Massachusetts [Mr. C ra n e ], and
will do so and vote. I vote “ nay.”
Mr. BANKHEAD. I have a pair with the senior Senator
from Idaho [Mr. H eyb u r n ]. I transfer that pair to the senior
Senator from Arkansas [Mr. C l a r k e ] and will vote. I vote
“ yea.”
Mr. W ETMORE. I announce the general pair o f my col
league [Mr. L tppitt ] with the senior Senator from Tennessee
[Mr. L e a ]. I make this announcement for the day. I f present
and at liberty to vote, my colleague would vote “ nay.”
Mr. CHAM BERLAIN (after having voted in the affirmative).
I transferred my general pair with the junior Senator from
Pennsylvania [Mr. O liver ] to the senior Senator from Florida
[Mr. F letch er ], but, inasmuch as the Senator from Florida
has appeared and voted, 1 d’^ri'N'ttl 'Witlid^w my vote, and w ill
let my general pair stand.
The result w as announced— yeas 24, nays 33, aU foilpw s:
Ashurst
Bankhead
Bryan
Fletcher
Gronna
Jonhson, Me.
Y E A S— 24.
Johnston, Ala.
Reed
Jones
Simmons
Martin, Va.
Smith, Ariz.
Martine, N. J.
Smith, Ga.
Overman
Smith, Md.
Smith, S. C.
Pomerene
Borah
Bourne
Bradley
Brandegee
Bristow
Burnham
Burton
Catron
Clapp
Clark, Wyo.
Crawford
Cullom
Cummins
Dillingham
Fall
Gallinger
Kern
La Follette
N AYS— 33.
Lodge
McCumber
Massey
Nelson
Page
Penrose
Perkins
Root
Sanders
NOT VOTING— 37.
Bacon
Davis
Kenyon
Bailey
Dixon
Lea
Briggs
Lippitt
du Pont
Brown
Foster
McLean
Chamberlain
Gamble
Myers
Chilton
Gardner
Newlands
Clarke, Ark.
Gore
O’Gorman
Crane
Guggenheim
Oliver
Heyburn
Culberson
Owen
Hitchcock
fcirtis
Paynter
Tgo M r . O v e r m a n ’ s m otio n that the Senate
Stene
Swanson
Thornton
Tillman
Watson
Williams
Nt
Shively
Smith, Mich.
Smoot
Townsend
Wetmore
Works
THE COTTON SCHEDULE.
Mr. PENROSE. I ask unanimous consent to make a report
from the Finance Committee at this time.
The PRESID EN T pro tempore. The Senator from Pennsyl
vania asks, out o f order, leave to make a report at this time
W ithout objection, permission is granted.
Mr. PENROSE. I am directed by the Committee on Finance
to which was referred House bill 25034, entitled an act reduc
ing the duties on manufactures o f cotton, to report with a
negative recommendation.
Mr. SIMMONS. Mr. President-----The PRESID EN T pro tempore. The Secretary will state the
title o f the bill.
The S ecretary . A bill (II. R. 25034) to reduce the duties on
manufactures of cotton.
Mr. PENROSE. Mr. President, I desire to state in this con
nection that the minority and majority have reserved the right
to .file reports later, and the Senator from Wisconsin [M L a
r.
F ollette ] , I understand, w ill have a report o f his own to submit.
The PRESIDEN T pro tempore. The bill will go to the cal
endar in accordance with the rule, unless there be objection.
Mr. SIMMONS. Mr. President, I desire to inquire if we can
not agree upon a day to vote upon this measure? I would sug
gest a unanimous-consent agreement to take up this measure on
next Friday and vote upon it.
Mr. PENROSE. I hope the Senator from North Carolina will
ask unanimous consent that we vote on this bill next Friday
before the expiration o f the calendar day.
Mr. SIMMONS. I send to the desk a request for unanimous
consent.
Mr. WARREN. Mr. President, I shall have to object to unan
imous consent, unless it is made secondary to reports from
conference committees and appropriation bills.
The PRESIDEN T pro tempore. The Secretary will read the
request for unanimous consent submitted by the Senator from
North Carolina.
The Secretary read as follow s:
It is agreed by unanimous consent that on Friday, August 9, 1912,
immediately upon the conclusion of the routine morning business, the
Senate will proceed to the consideration of the bill (II. It. 250:54) to
reduce duties on manufactures of cotton; and before adjournment
on that calendar day will vote upon any amendment that may be pend
ing, any amendments that may be offered, and upon the bill— through
the regular parliamentary stages— to its final disposition.
Mr. GALLINGER. I ask the Senator if he will not make it
at a certain hour in the afternoon, say 5 o’clock?
Mr. SIMMONS. That will be satisfactory. I understand the
Senator from Oregon [Mr. B ourne ] is very anxious to get
through w ith the Post Office appropriation bill, and desires that
the request for unanimous consent be changed.
Mr. BOURNE. I will ask the Senator if he will not make it
M onday instead of Friday?
\ Mr. SIMMONS. W ould Saturday suit the Senator?
l l r . JONES. Mr. President, we might as well save a little
time. I will not consent to the request for unanimous consent
unflU the Panama Canal bill is out o f the way.
T ie PRESIDEN T pro tempore. The Senator from Washing
ton Qbjects.
T H E P A N A M A ' CA N AL.
Percy
Poindexter
Rayner
Richardson
Stephenson
Sutherland
Warren
recede from its
ametjdments was rejected.
The'SMiESIDENT pro tempore. The question now is on the
motion
by the Senator from North Dakota [Mr. M cC u m ber ] that tnN^enate further insist upon its amendments dis
agreed to by thelTrm M ^f.ItepreseTdaUves and ask for a further
conference with the House. • “" ”* * *
“*
The motion was agreed to.
Mr. McCUMBER. I ask, Mr. President, that the same con
ferees be appointed.
The PRESIDENT pro tempore. The Senator from North
Dakota asks that the same conferees be appointed, and it will
be so ordered. The Chair appoints the Senator from North
Dakota [Mr. M cC um ber ], the Senator from New Hampshire
[Mr. B u r n h a m ], and the Senator from Indiana [Mr. S hively ' ]
as the conferees on the part of the Senate at the further con
ference.
A ugust 5
Mu. BAILEY. I ask unanimous consent that the Panama
Canal bill be voted on, say, on Thursday. That is a bill that
ought to be disposed o f before ive adjourn. It has long been
the regular order, and I think its friends are entitled to have
a vote upon it. I therefore ask unanimous consent that the
Panama Canal bill be voted on next Friday. Then the Senator
from North Carolina can renetv his request for Saturday.
Mr. W ARREN. Let it be the calendar day.
Mr. SIMMONS. I will change the request to Saturday, if
that w ill suit (;lie Senator from Oregon.
Mr. BOURNE. I would prefer to have it Monday.
The PRESIDENT pro tempore. It is impossible for the
reporters to hear Senators Avho interchange their vieivs in a
conversational tone. The Senator, from Texas [Mr. B a il e y ]
has the floor.
Mr. BAILEY. Pending the request of the Senator from North
Carolina, I ask unanimous consent that the Panama Canal bill
shall be voted on before the Senate adjourns on Friday next.
Mr. SIMMONS. Make it the calendar day.
Mr. BAILEY. During the calendar day, o f course; I did not
state “ the legislative day.”
The PRESIDEN T pro tempore. The Secretary w ill state the
request made by the Senator from Texas.
The Secretary read as fo llo w s:
It is agreed by unanimous consent that on Friday, August 9, 1912,
immediately upon the conclusion of the routine morning business, the
Senate will proceed to the consideration of the bill (II. It. 21969) to
provide for the opening, maintenance, protection, and operation of the
tflOG
CONGRESSIONAL RECORD— SENATE.
J^SIDENT pro tempore. The next^fSiendm ent rehe committee w ill be stated.
/ '
■u retary. In section 4, page 5, lim
rt'
jsp proposed,,to, s t r ik e o u t
min
anti/
any
that seems
ces, whether we have a commission or a single gov
ernor «h lost objectionable amendment. I should like to ask
the cnairman o f the committee whether the amendment just
stated, in line 20, which, I repeat, I think is a most objection
able amendment, is covered by his proposed amendment?
Mr. BRANDEGEE. The House hill provides that the Presi
dent shall appoint all the other persons necessary upon the
zone, and inasmuch as the Senate committee amendment con
templates the government o f the Canal Zone by a commission,
the sense o f the committee was that the commission should
have the authority to appoint the other persons necessary for
the government o f the zone.
Mr. LODGE. I f by the House provision the appointments are
reserved to the President when there is only one head, I think
it is even more desirable that the power o f appointment ought
to be reserved to the President when there is a commission. I
think responsibility ought to be lodged somewhere as to the men
who are to manage the canal, and I think to give to tlie'commission the power o f appointment would be most unfortunate.
Mr. ROOT. Mr. President, the effect o f this provision would
be that the man in charge o f sanitation and the man in charge
o f the civil government could absolutely deprive the man wT is
ho
responsible for the operation o f the canal o f all power whatsoever.
Mr. BRANDEGEE. Mr. President, I think if a commission is
provided for, two members o f the commission, if th ey' should
disagree with the chairman, could deprive him o f all power.
That is the reason I am opposed to the commission plan.
Mr. REED. I should like to ask the Senator from New York
whether, in his opinion, this great canal ought not to. be kept
directly and at all times under the immediate control o f the
President and be in charge o f an officer o f the United States
A rm y?
Mr. ROOT. I think it should.
Mr. REED . I think so, too.
Mr. ROOT. I think, through the exercise o f the power o f
appointment by the President o f the United States, this Gov
ernment should keep its hand upon all matters in connection
with the canal instead o f leaving it to a commission on the
Isthmus composed o f three men, two o f whom, by the exercise
o f the power o f appointment, can render powerless the man who
is responsible for the successful operation o f the canal. I think,
Mr. President, that we are making such arrangements that we
hazard being humiliated before the world by a miserable failure
in the administration o f the canal.
Mr. BR ISTO W . Mr. President, I desire to state, for the in
form ation o f the Senator from New York, that during his ab
sence an amendment was adopted on motion o f the Senator
from Iow a [Mr. C u m m in s ] giving the president o f the com
mission the complete control o f the operation o f the c a n a l; and,
so far as I am concerned, as a member o f the committee who
voted originally in favor o f this amendment, if the other mem
bers o f the committee who agreed with me at the time would be
satisfied, I would be perfectly willing for that amendment to
be disagreed to.
.
^
Mr. ROOT. The amendment providing for the appointment
o f officials by the commission?
Mr. B R ISTO W . The due amendment in line 20, striking out
the words “ President, or by his authority,” and inserting the
w ord “ commission.”
Mr. ROOT. That would be a very great improvement.
Mr. JONES. I desire to say that I opposed that amendment
in the committee. I think we should leave these appointments
to the President, either directly or by his authority. So I
should like to see the amendment striking out the words “ Presi
dent. or by his authority,” and inserting the word “ commis
sion,” disagreed to.
The PR E SID E N T pro tempore. The question is on agreeing
to the amendment proposed by the committee, striking out the
w ords “ President, or by his authority,” and inserting “ com
mission.”
The amendment was rejected.
The next amendment o f the Committee on Interoceanic Canals
was, on page 5, at the end o f line 20, to strike out the WGrd
“ his ” and insert “ its.”
Mr. JONES. That should be disagreed to.
T h e PR E SID E N T pro tem pore. W ith ou t ob jection , fo llo w
in g the oth er am endm ent, th at am endm ent w ill be d isa greed to.
The next amendment o f the Committee on Interoceanic Canals
was, in line 23, to strike out the words “ appropriation act or
other.”
The P R E SID ENT pro tempore.
A ugust 6,
The question is on agreeing
<ed
ter
section.
Mr. BRANDEGEE. Now, Mr. President, I assume fhe sub
stitute offered by the Senator from Missouri [Mr. R eed ] is in
order.
The PR E SID E N T pro tempore. It is. ‘
Mr. REED. I should like to have it stated, Mr. President.
I a in not certain as to the form o f the amendment. I undertook
to dictate it here, and I suppose the Secretary did his w ork
all right, but I am not sure that I did mine.
The PR E SID E N T pro tempore. The amendment w ill be
stated.
The Secretary. In lieu o f section 4 it is proposed to insert
the fo llo w in g :
That when, in the judgment of the President, the construction of the
1 anama Canal shall be completed so as to render unnecessary the fur
ther services of the Isthmian Canal Commission as now constituted,
the President is authorized by Executive order to discontinue the Isth
mian Canal Commission, which, together with the present organiza
tion, shall then cease to e x is t; and the President is authorized there
after to complete and operate the Panama Canal or cause it to be
completed and operated through such officer or officers of the United
States Army as he may deem competent to discharge the various duties
connected with the completion, maintenance, and operation of the said
canal. The President shall appoint a civil governor of the Canal Zone
who shall be a civilian and shall receive a salary of .$7,500 per annum.
All other persons necessary for the care, maintenance, and sanitation
of the Canal Zone shall be detailed from the military or naval forces
of the United States. The governor shall have power to appoint such
Canal Zone may, in the discretion of the President, be allowed a com
pensation in addition to that now fixed by law not to exceed 25 per
cent of the salary now paid.
Upon the completion of the Panama
Canal the President shall cause the same to be officially and formally
opened for use and operation.
Mr. REED. Mr. President, I have only a few w ords to say in
addition to the remarks I have already made. I w ill try to con
dense what I want to say in three or four minutes’ time.
1 believe that the civil affairs o f the Canal Zone, the civil
rights o f the inhabitants o f the canal, ought to be safeguarded
by a civil officer. I believe that the sanitation o f the Canal
Zone is so important that it probably ought to be conducted
under an expert appointed by the President direct. I believe
that the canal itself is not merely a commercial enterprise; that,
vast as its value may be to the commerce o f the world and
great as the benefits from a commercial standpoint w ill be to
this country, the chief value o f the canal in the last analysis to
our country is its strategic value in time o f national danger. I
believe that we ought not to divide the control o f the canal any
more than we would divide the control and management o f one
o f the great fortresses standing guard at the gateways o f the
R ep u b lic; that the management o f the canal ought to be in
the President o f the United States; and that one o f the mo'st
skillful and wise officers o f the Arm y ought to constantly act
there for the President as the Commander in Chief o f the Army
o f the United States.
I can readily see that a condition might arise when immediate
action would be necessary. I can readily see that a condition
might arise when a division o f counsel and a war o f opinions
among three governors, with divided responsibility and divided
opinions, might result in serious consequences to our Govern
ment. This canal may be the great gateway through w hich we
shall send our vessels to the rescue o f our coun try; it may be
the gateway through which the enemy can reach our shores.
It ought to be regarded as a m ilitary post and should be directly
in the control o f the President o f the United States.
The amendment I have offered has not been perfected as I
would like to have it, but it covers this question, and I think
has been fu lly as well considered as has the bill now before us.
Mr. BRANDEGEE. Mr. President, I send to the desk an
amendment which I intend to propose to (his section as a sub
stitute, and w ill ask the Secretary to read it in my time, in order
that Senators may see whether and to what extent it covers
the points made by the Senator from Missouri.
T h e P R E S ID E N T pro tempore. T h e Secretary will read as
requested.
The Secretary. A s a substitute for section 4, it is proposed
to insert the follow in g:
Sec. 4. That when in the judgment of the President the construction
of the Panama Canal shall he sufficiently advanced toward completion
to render the further services of the Isthmian Canal Commission un
necessary the President is authorized by Executive order to discontinue
the Isthmian Canal Commission, which, together with the present or
ganization, shall then cease to e x is t; and the President is authorized
thereafter to complete, govern, and operate the Panama Canal and
Canal Zone, or cause them to be completed, governed, and operated,
through a governor of the Panama Canal and such other'persons as he
may deem competent to discharge the various duties connected with the
CONGRESSIONAL RECORD— SENATE.
1912.
The PRESIDENT pro tempore. That is not the adoption of
all the section.
Mr. JONES. But we adopted that amendment.
Mr. LODGE. When was it adopted?
Mr. JONES. Just now.
Mr. LODGE. It was not understood. I had no idea that
that chief amendment was being put.
The PRESIDEN T pro tempore. The Chair distinctly stated
it; but the Chair w ill again put the question if it was not
understood.
Mr. LODGE. Then it was my misfortune that I did not
understand it. I ask that it be put again.
The PRESIDEN T pro tempore. The Chair will put it again.
Mr. BRANDEGEE. May the amendment be stated so that all
may know what it is.
Mr. LODGE. An amendment o f such importance can not be
put through in that way.
The PRESIDENT pro tempore. The amendment was stated
with the utmost deliberation.
Mr. LODGE. I did not understand it.
Mr. THORNTON. I will say that I certainly understood it
and voted on it.
Mr. REED. Mr. President, a parliamentary inquiry.
The PRESIDENT pro tempore. The Senator will suspend a
moment. The Senator from Massachusetts asks that the amend
ment be restated, and the Chair will then again put the question
to the Senate.
The S e c r e t a r y . On page 4, line 9, strike out the word “ un
necessary ” and insert the words “ as now constituted,” and
after the word “ authorized ” strike out the word “ by ” and
the remainder o f the text down to and including the word
“ canal,” on line IS, and insert “ to reduce the membership o f the
commission to three, one chosen from the Corps o f Engineers
o f the Army, who shall be president o f the commission as so
reorganized ” -----Air. LODGE. It is not necessary to read further. It was the
principal amendment, and I did not in the least understand that
the question had been put. I move to reconsider, and make the
point that there is no quorum present, and I shall ask for the
yeas and nays.
The PRESIDENT pro tempore. It had not passed beyond
the point where the Chair is authorized to again submit it to
the Senate, the Senator stating that he did not understand that
the question had been put.
Mr. LODGE. Very w e ll; then I make the point o f no quorum.
Mr. REED. I wish to make a parliamentary in qu iry; that is all.
The PRESIDEN T pro tempore. The Senator from Massa
chusetts has suggested the absence o f a quorum, and the Sec
retary will proceed to call the roll o f the Senate.
The Secretary called the roll, and the following Senators
answered to their nam es:
Asfcurst
Ilacon
Bailey
Bankhead
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Crawford
Culberson
Cullom
Cummins.
du Pont
Fletcher
Gallinger
Gronna
Johnson, Me.
Johnston, Ala.
Jones.
Kenyon
La Follette
Lodge
McCumber
McLean
Marline, N. ,T.
Massey
Myers
Nelson
O’Gorman
Overman
Page
Penrose
Perkins
Pomerene
Reed
Root
Sanders
Shively
Simmons
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Swanson
Thornton
Tillman
Townsend
Warren
Wetmore
Williams
Works
Mr. ASHURST. My colleague [Mr. S m it h of Arizona] has
just been called from the Chamber and is unavoidably absent
on important public business.
The PRESID EN T pro tempore. Upon the call o f the roll
o f the Senate 58 Senators have responded to their names, and
a quorum o f the Senate is present.
Air. LODGE. Air. President, I have only a desire to get a
direct vote on the question whether we shall have one man at
the head of the Canal Zone or three m en ; and if it is preferred,
first, to adopt the committee amendments and then take the
vote on substituting the amendment to be proposed by the chair
man of the committee, I have no objection to that method o f
procedure.
The PRESIDEN T pro tempore. That is the parliamentary
method o f procedure.
Air. LODGE. I make no objection to the adoption o f the com
mittee amendments, if it is understood that the chairman o f the
committee is then to offer an amendment which will bring up
the direct question as between a triple-headed government and
a single-headed government.
The PRESID EN T pro tempore. The Chair will state that the
Senator from Missouri [Air. R eed] has already offered an
amendment to that effect, and the Senator from Connecticut
1 0293
[Air. B r a n d e g e e ] had simply given notice o f an intention to
offer such an amendment. Therefore the substitute proposed
by the Senator from Missouri w ill be the first one to be acted
upon. I f that should not be carried, then the amendment pro
posed to be offered by the Senator from Connecticut will be iu
order for consideration in lieu o f the present section.
Air. BRANDEGEE. Whether the amendment proposed by
the committee be agreed to or disagreed to, I shall offer the sub
stitute which I have indicated providing for a single governor
o f the zone.
The PRESIDEN T pro tempore. The Senate is simply pro_
ceeding now to perfect the amendment before entertaining the
motion to strike it out and to substitute another in its place.
Air. SAIOOT. Air. President, I should like to ask the Senator
from Connecticut if the amendment offered by the Senator from
Missouri is in the exact wording o f the amendment he himself
proposes to offer?
Air. BRANDEGEE. The amendment proposed by the Senator
from Alissouri was not reduced to w riting; so far as I know
was only taken down by the Secretary at the desk. I am op
posed to that amendment, but I do not speak for any other
Senator. It is not at all the amendment which I am going to
offer.
The PRESIDEN T pro tempore. The Senator from Alassachusetts, the Chair understands, withdraws his request for
another vote on the last amendment.
Air. LODGE. I withdraw the request, it being understood
that we are to have the same question decided later by a yeaand-nay vote.
Air. FLETCHER. As I understand, the vote is to be taken
on the substitute offered by the Senator from Missouri [Air.
R eed] ?
The PRESIDEN T pro tempore. Not y e t ; not until the Senate
has acted upon the amendments which are offered to the origi
nal section. When those amendments have been acted on and
the section shall have been perfected, the question w ill then be
on striking it out and substituting the amendment offered by
the Senator from Alissouri.
Air. FLETCHER. Air. President, I ask to have the amend
ment stated.
The PRESIDEN T pro tempore. The amendment w ill not be
in order until after the Senate has acted upon the amend
ments proposed to the original section. Then it w ill be in order.
The question now is upon the amendment striking out on
page 5 certain lines, which the Secretary w ill state.
The S ecretary . In section 4. on page 5, line 8, after the
word “ military,” it is proposed to insert the word “ naval.”
The PRESIDEN T pro tempore. W ithout objection, the
amendment is agreed to.
Mr. BRANDEGEE. I ask if there w as not yesterday a sug
gestion made, on page 5, line 6, before the w ord “ Any,” to in
sert the word “ I f ” ; and also several other amendments?
The PRESID EN T pro tempore. The Chair understands there
are certain amendments pending to that effect, which the Sec
retary will state.
The S ecretary . On page 5, line 6, before the word “ Any,”
it is proposed to insert the work “ I f ” ; in the same line to
strike out the wmrd “Any,” with a capital “ A,” and to insert
“ any,” with a small “ a ” ; in line 7. before the word “ be,”
strike out the word “ may,” and insert the word “ shall ” ; j’u
line 8, after the word “ military,” to insert the word “ or ” ;
in the same line, after the word “ naval,” to strike out the
comma and the words “ or civil ” ; ancT at the beginning o f line
9, to strike out the w ord “ but,” so that if amended it will
read-----Air. LODGE. I think I must have the wrong print o f the
bill. Those amendments do not appear in the print I have.
Air. BRANDEGEE. The amendments were offered on the
floor yesterday. .
The PRESIDEN T pro tempore. The text will now be read
as it will stand if amended.
The S ecretary . I f amended as proposed the clause will rea d :
If any of the persons appointed or employed under the provisions
of this act shall ‘ be persons in the military or naval service of the
United States, the amount of the official salary paid to any such per
son shall be deducted, etc.
The PRESIDENT pro tempore. W ithout objection, the amend
ments will be agreed to.
The Secretary w ill state the next amendment proposed by the
committee.
The S ecretary . In section 4, page 5, line 12, after the word
“ act,” it is proposed to strike out the follow in g :
The governor of the Panama Canal shall he appointed by the Presi
dent, by and with the advice and consent of the Senate, commissioned
for a term cf four years, and until his successor shall be appointed
and qualified. He shall receive a salary of $10,000 a year.
The amendment was agreed to.
CONGRESSIONAL RECORD— SENATE.
1912,
completion, care, maintenance, sanitation, operation, government, and
protection of the canal and Canal Zone.
If any of the persons ap
pointed or employed as aforesaid shall he persons in the military or
naval service of the United States, the amount of the official salary
paid to any such person shall be deducted from the amount of salary
or compensation provided by or which shall be fixed under the terms ot
this act. The governor of the Panama Canal shall be appointed by the
President, by and with the advice and consent of the Senate, commis
sioned for a term of four years, and until his successor shall be ap
pointed and qualified : Provided, That he be subject to removal at the
will of the President. He shall receive a salary of $10,000 a year. All
other persons necessary for the completion,_ care, management, main
tenance, sanitation, government, and operation of the Panama Canal
and Canal Zone shall be appointed by the President, or by his authority,
removable at his pleasure, and the compensation of such persons shall
be fixed by the President, or by his authority, until such time as Con
gress may by law regulate the same, but salaries or compensation fixed
hereunder by the President shall in no instance exceed by more_ than
25 per cent the salary or compensation paid for the same or similar
services to persons employed by the Government in continental United
States. That upon the completion of the Panama Canal the 1 resident
shall cause the same to be officially ana formally opened for use and
operation.
10295
Mr. CULLOM (when his name was called ). I have a general
pair with the junior Senator from W est Virginia [Mr. C h i l t o n ]
and therefore withhold my vote. I f he were present, I should
vote “ yea.”
Mr. LODGE (when Mr. D i l l i n g h a m ’ s name w as called ).
The Senator from Vermont is absent from the city. He re
quested me to announce that he is paired with the Senator
from South Carolina [Mr. T i l l m a n ] , and if lie were present and
permitted to vote, he would on this vote vote “ yea;”
Mr. SLIIVELY (when Mr. K e r n ’ s name was called). My
colleague [Mr. K e r n ] is necessarily absent from the Chamber on
im portant business. He is paired with the junior Senator from
Pennsylvania [Mr. O l i v e r ] .
Mr. M cCU M BER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P e r c y ],
I am inform ed that the ju n ior Senator from Massa
chusetts [Mr. C r a n e ] , if present, would vote “ yea.” I there
fore transfer my pair with the senior Senator from Mississippi
Mr. CULBERSON. I w ill ask the Senator from Connecticut [Mr. P e r c y ] to the junior Senator from Massachusetts [Mr.
if the amendment he proposes is not substantially the House bill V C r a n e ] and will vote. I vote “ yea.”
Mr. R E E D ( when his name was ca lle d ). I feel that I am paired
Mr. BItANDEGEE. It is almost identical with the House
bill provision, except it provides that the governor shall not on this question with the Senator from M ichigan [Mr. S m i t h ] .
only operate, but govern the Canal Zone. It is practically the I am inform ed that I can transfer the pair to the Senator from
House provision, and the only respect in which it differs are the Nevada [Mr. N e w l a n d s ]. I do so, and w ill vote. I vote “ yea.”
Mr. SM ITH o f South Carolina (when his name was called ).
suggestions, as I stated yesterday, made by the Secretary o f W ar
to the committee. I shall offer it in case the amendment o f the I am paired with the Senator from Delaware [Mr. R i c h a r d s o n ] .
I transfer the pair to the Senator from Maine [Mr. G a r d n e r ]
Senator from Missouri is voted down.
Mr. W ORKS. Can the Senator from Connecticut point out and w ill vote. I vote “ yea.”
Mr. SU THERLAND (when his name w as called ). I have a
the difference between this amendment and the one offered by
general pair with the Senator from M aryland [Mr. R a y n e r ] .
the Senator from M issouri?
Mr. BItANDEGEE. Not having his amendment before me, In his absence I withhold my vote.
Mr. TILLM AN (when his name was called ). I have a gen
the Senator’s recollection o f the amendment is as good as mine.
Mr. W ORKS. But I thought the Senator might have com eral pair with the Senator from Vermont [Mr. D i l l i n g h a m ] .
In his absence I withhold my vote. I f I were at liberty to vote,
pared the two.
Mr. BRANDEGEE. There has been no opportunity for com I should vote “ nay.”
The roll call was concluded.
parison except as the Clerk read the two amendments.
Mr. W ETM ORE. I desire to announce that my colleague
Mr. C LA RK o f Wyoming. The amendment o f the Senator
from Missouri refers exclusively to the canal itself and the [Mr. L i p p i t t ] is paired with the Senator from Tennessee [Mr.
L e a ].
I f my colleague w ere present he w ould vote “ yea.”
operation o f it.
Mr. BRYAN. May I inquire whether the Senator from Ore
Mr. ROOT. I gathered the impression, from having heard
gon [Mr. B o u r n e ] h a s voted?
read the amendment o f the Senator from Missouri, that there
The P R E SID E N T pro tempore. The Chair is inform ed he
would be two authorities on the zone— one the manager o f the
has not.
canal, the other the manager o f the zone.
Mr. BRYAN. I have a pair with that Senator on this vote,
Mr. BRAND EG EE and others. Question!
The P R E SID E N T pro tempore. The question is on agreeing which I transfer to the Senator from Arkansas [Mr. C l a r k e ]
and w ill vote. I vote “ yea.”
to the amendment proposed by the Senator from Missouri. •
Mr. CHAM BERLAIN. I have been requested to announce
Mr. REED. The Senator from New York made some remark
that th e senior Senator from Oklahoma [Mr. O w e n ] is paired
that I could not hear about the divided authority.
with the senior Senator from Nebraska [Mr. B r o w n ] ; and I
Mr. ROOT. T was merely answering the question o f the
make this announcement for the day.
Senator from California.
Mr. W ILLIA M S. I desire to announce that my colleague
Mr. REED. I want to say, if I caught aright the question
[Mr. P e r c y ] is necessarily absent, and is paired. I ask that
o f the Senator from California, that it is not the intention in
this announcement stand for the day.
the amendment to divide authority at all. I f I have expressed
Mr. M ARTIN E o f New Jersey. I desire to announce a pair
my thought— and I think I have— in that amendment, it pro
between the Senator from Arkansas [Mr. D a v i s ] and the Sen
vides for a civil governm ent; that is, merely a government o f ator from Kansas [Mr. C u r t i s ].
the people, but the canal itself, the management o f the canal
Mr. GALLINGER, 1 have been requested to state that the
and the control o f the canal w ill be completely in charge of
Senator from South Dakota [Mr. tmT?lTYt'rWQ_!ids paired w ith
an officer appointed by the President.
the Senator from Nevada [Mr. N e w l a n d s ] .
^
The PRE SID EN T pro tempore. The question is on agreeing
The result w as announced— yeas 43, nays 14, as fo'Hqws:
to the amendment o f the Senator from Missouri to strike out
Y E A S — 43.
the section and insert the substitute offered by him.
Smith, Ga,
Massey
Ashurst
Culberson
Mr. REED. On that I ask for the yeas and nays.
Smith, Md.
Bacon
Myers
du Pont
Nelson
Smith, S. C.
The yeas and nays were not ordered.
Fletcher
Borah
O’Gormau
Smoot
Brandegee
Gallinger
The substitute was rejected.
Page
Stone
Bryan
Gronna
Mr. BRANDEGEE. I submit an amendment in the nature Burnham
Penrose
Swanson
Johnson, Me .
Pomereno
Townsend
Kenyon
Burton
o f a substitute for section 4.
Reed
Warren
La Follette
The PRE SID E N T pro tempore. The Senator from Connecti Chamberlain
Root
Wetmore
Lodge
Clapp
cut moves to strike out section 4 and to insert a substitute Clark, W yo.
Sanders
Works
McCumber
Shively
McLean
Crawford
therefor. The Secretary w ill report the same.
N AY S— 14.
Mr. BRANDEGEE.
The amendment was reported a moFall
Overman
Thornton
ment ago.
Bradley
Johnston, Ala.
Perkins
W illiam s
The PR E SID E N T pro tempore. The question is upon the Bristow
Jones
Simmons
Catron
Martine, N. J.
Smith, Aria.
amendment o f the Senator from Connecticut to strike out section Cummins
4 and insert in lieu thereof the amendment which has just
NOT VO TIN G — 37.
Kern
been read to the Senate.
Davis
Bailey
Rayner
Dillingham
Lea
Bankhead
Mr. BRANDEGEE. On that I ask for the yeas and nays.
Richardson
Dixon
Lippitt
Bourne
Smith, Mich.
The yeas and nays were ordered.
Foster
Martin, Va.
Briggs
Stephenson
Mr. BAN K H EAD (when his name was called). I have a Brown
Gamble
Newlands
Sutherland
Gardner
Oliver
Tillman
pair with the Senator from Idaho [Mr. II eyburn ], who is Chilton
Gore
Owen
Clarke, Ark.
W atson
absent, and therefore withhold my vote.
Guggenheim
Paynter
Crane
IIeyburn
Percy
Mr. CH A M B ERLA IN (when his name w as called ). I have a Cullorn
Ilitchcpck
Poindexter
pair with the junior Senator from Pennsylvania [Mr, O l i v e r ] . Curtis
So M r. B randegee ’ s am endm ent in th e n atu re o f a su b stitu te
I transfer it to the junior Senator from Indiana [Mr, K e r n ]
w as a greed to.
and w ill vote. I vote “ yea.”
V
X L V III
647
10296
CONGRESSIONAL RECORD— SENATE
The PRESIDEN T pro tempore. The next amendment o f the
committee will be stated.
The next amendment was, on page 6, section 5, line 10, after
the words “ Tanama Canal,” to insert a colon and the follow in g :
Provided, T h a t h o t o ll s , w h e n p r e s c r ib e d a s a b o v e , s h a ll b e c h a n g e d ,
e x c e p t s ix m o n t h s n o t i c e t h e r e o f s h a ll h a v e b e e n g iv e n b y t h e P r e s id e n t
b y p r o c la m a t io n .
The PRESID EN T pro tempore. W ithout objection, the
amendment is agreed to.
Mr. BURTON. I rise to a parliamentary inquiry.
The PRESID EN T pro tempore. The Senator from Ohio.
Mr. BURTON. I take it it is in order for amendments other
than those proposed by the committee to be offered during this
reading of the bill?
The PRESID EN T pro tempore. W hat is the inquiry of the
Senator from Ohio?
Mr. BURTON. It is whether the bill is open to general
amendment.
The PRESIDENT pro tempore. As the sections are read, the
Chair understands amendments are in order.
Mr. BURTON. Then I move to strike out line 13 and the
first five words in line 14, on page G reading:
,
N o t o ll s s h a ll be l e v ie d u p o n v e s s e ls e n g a g e d in t h e c o a s t w is e tr a d e
o f th e U n it e d S ta te s .
Mr. BRANDEGEE. Before the vote is taken upon that ques
tion, I want to suggest in the italics just read, to change the
word “ except,” in line 11, to “ unless,” so as to read “ unless six
months notice,” and so forth.
The PRESIDEN T pro tempore. The amendment having al
ready been adopted, that change will be made, if there is no
objection, by unanimous consent.
The next committee amendment w ill be stated by the Secre
tary.
The S e c r e t a r y . In lines 20 and 21------ Mr. BURTON. W hat disposition was made o f my amend
ment?
The PRESIDEN T pro tempore. The Senator from Ohio
presents an amendment, which will be stated.
The S e c r e t a r y . In lines 13 and 14 on page 6, the Senator
from Ohio proposes to strike out—
N o t o ll s s h a ll b e l e v ie d u p o n v e s s e ls e n g a g e d i n th e c o a s t w is e t r a d e
o f t h e U n it e d S t a t e s .
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Ohio to strike
out the words which have just been read.
Mr. SIMMONS. On that I demand the yeas and nays.
The yeas and nays were ordered.
Mr. BRANDEGEE. Mr. President, o f course that brings up
the whole question whether coastwise trade shall be exempt
from toll charges or not. That has been discussed a good deal
by Senators in their general speeches on the bill.
I do not intend to take up more than one minute o f the Sen
ate^ time.
I want to state that from the beginning I have been, and am now,
in favor of the amendment proposed by the Senator from Ohio
[Mr. B u r t o n ]. I do not see any reason why a vessel engaged in the
coastwise trade o f this country that wants to get from the A t
lantic to the Pacific Ocean, or the reverse, should have any
right to come to that canal and say to the United States, which
has already paid ,$400,000,000 for the construction of the ca n a l:
“ Here, get to work. Burn up the coal you have bought with
Treasury fu n d s; maintain your operating fo r c e ; transport m e ;
not only give me the use of the waterway which you have pro
vided at this enormous expense, as you would in the case o f a
harbor, but pay the expenses o f transporting my vessel across
the continent, and also insure her against any accident,” for as
the Senators who have read the bill know, it provides that the
vessel must absolutely put itself in the hands o f the operating
force o f the United States.
I f any accident happens t6 it or damage results to it, the
United States is responsible in damages for that vessel. I
understand the claims that Senators make who believe the
other way, but to me there is no moral claim whatever. Any
shipping engaged in our coastwise trade, which already has a
monopoly in the business, has bound the Government not only
to spend the money collected in taxes from all the people in a
special service to it, but also to guarantee it and insure it
against damage if a vessel is injured. I am heartily in sym
pathy with the amendment of the Senator from Ohio.
Mr. O’GORMAN and Mr. SIMMONS addressed the Chair.
The PRESIDEN T pro tempore. Does the Senator from Con
necticut yield, and to whom?
Mr. BRANDEGEE. I yield to the Senator from New York.
Mr. O’GORMAN. I should like to ask the Senator from Con
necticut in what section of the bill it is that the United States
A ugust 6,
agree to indemnify the owner o f it for all loss or damage sus
tained by it?
Mr. BRANDEGEE. I have it not before me at present. J
will look it up and inform the Senator. There is a section
which provides that any claim made by a vessel for damage
going through shall be adjudicated, aud it provides the court in
which the claim shall be presented. I w ill refer the Senator to
it as soon as I have taken my seat and have had an opportunity
to find it.
Did the Senator from North Carolina rise to make an in
quiry?
Mr. SIMMONS. I simply wanted to make an inquiry of the
Senator. I understood the Senator to say there is a great deal
required to maintain the locks, to bear the expense o f furnish
ing coal and supplies, and we should not allow American s h i p s
to pass through free. In our interior waterways does the Sena
tor know where the Government has built a lock canal that it
does not maintain the lock canal and permit the free passage
o f vessels without charge?
Mr. BRANDEGEE. Mr. President, I will say to the Senator
from New York that the provision I referred to occurs on page
8, lines 7 to 19, inclusive.
Now, in answering the inquiry o f the Senator from North
Carolina, I will say that I do not consider this Panama Canal
to be at all on a parity with our inland waterways. I see no
analogy whatever between them but the fact that they are both
waterways upon which ships sail. I do not regard it as a
part o f our coast line, as some Senators do. Tw o foreign coun
tries Intervene between our country/and the canal. To any mind
it is no more a part o f our coast line than the Straits o f Ma
gellan would be. I t .is simply a question o f degree as to the
distance.
Mr. SM ITH o f South Carolina. May I ask the Senator from
Connecticut, then, upon what authority have we just passed
legislation to establish a civil government for that zone?
Mr. BRANDEGEE. I was talking about the canal. We
organize a civil government for the Canal Zone upon the
authority under the treaty with a foreign country to which I
have alluded.
Mr. SM ITH o f South Carolina. Then the Senator will admit,
I presume, that as under the treaty we appoint a civil gov
ernor within that zone, and the canal happens to run through it,
all the riparian rights there are as much ours as is the coast of
America ?
Mr. BRANDEGEE. I am talking about what signification
shall be given to the word “ coastwise.” I am not discussing the
extent o f our sovereignty there. As I said the other day, it
does not, in my opinion, have any relevancy to this discussion.
The sole question with me is with what moral force does the
appeal come to the Congress o f the United States as representa
tives o f our States here and the people from a private ship
owner, who already has a monopoly o f our coastwise trade, to
appear from the Atlantic or Pacific Ocean and signal to the
operatives o f the canal upon which we have spent $400,000,000
the interest charge o f which is some $11,000,000, the annual
maintenance o f the operation o f the two and a half or three
million dollars— with what right in equity does that man say
to us: “ You have saved me some S,000 miles o f travel around
the Straits o f Magellan, and you allow me to sail over this
water as you would a harbor, but in addition to that I de
mand that you shall keep it equipped, that you shall go into
the market and buy coal, that you shall carry it down there
and burn it in running the machinery for my peculiar benefit,
and I will keep the tolls, the amount o f money which the service
is worth to me.”
Mr. BRISTOW . Mr. President-----The PRESIDENT pro tempore. Does the Senator from Con
necticut yield to the Senator from Kansas?
Mr. BRANDEGEE. Certainly.
Mr. BRISTOW . Since we have expended $120,000,000 on the
improvement of the Mississippi River, why should we not
charge for its use?
Mr. BRANDEGEE. That is practically the same question in
another form that the Senator from North Carolina put to me
as to the interior waterways. I do not see any analogy between
the two things.
W e had for years a Panama railroad down there, and it did
as far as it could the same business that this canal is going to
do, only the cargoes o f ships had to be transferred from the
ship to the railroad. We never put the cargoes o f the ships
through free on the railroad. On the contrary, we charged them
for the service performed.
I could talk about it for half an hour or an hour, I suppose,
but if Senators do not grasp my idea about it or the way I
feel about it after what I have said, they would not after an
1912
CONGRESSIONAL RECORD— SENATE
which may be void for want o f patentability o f invention; to the
Committee on Patents.
By Mr. FER G U SSO N : A bill (II. R. 26151) granting land to
School D istrict No. 15, Taos County, N. M ex .; to the Committee
on the Public Lands.
By Mr. S U L Z E R : Resolution (II. Res. G67) authorizing the
printing and delivery to the New York Milk Committee o f 10,000
co]ties o f the Report o f the Commission on Milk Standards ap
pointed by the New Y ork M ilk Com m ittee; to the Committee on
Printing.
By Mr. G OO D : Resolution (H . Res. 60S) appointing com
mittee to investigate the reasonableness o f rates, tolls, charges,
and regulations o f the W ashington Gas Light Co., Potomac Elec
tric Power Co., and the Chesapeake & Potomac Telephone Co.,
e tc .; to the Committee on Rules.
By Mr. G A R R E T T : Resolution (H . Res. 671) authorizing
that seven messengers in House post office heretofore authorized
be continued to be employed during period between adjournment
o f present session and beginning o f next session; to the Com
mittee on Accounts.
By Mr. A K IN o f New Y ork : Resolution (H . Res. 673) re
questing inform aton from the Secretary of the In terior; to the
Committee on Irrigation o f Arid Lands.
P R IV A T E B IL L S AND RESOLUTIONS.
Under clause 1 o f Rule X X II, private bills and resolutions
were introduced and severally referred as fo llo w s :
By Mr. B A T H R IC Iv : A bill (II. R. 26152) to correct the
m ilitary record o f John C. Springer; to the Committee on
M ilitary Affairs.
By Mr. CO N N ELL: A bill (II. R. 26153) granting an increase
o f pension to Austin T. F in k ; to the Committee on Invalid
Pensions.
By Mr. D O N O H O E : A bill (H . R. 26154) granting a pension
to George C. Sn yder; to the Committee on Pensions.
By Mr. GOOD: A bill (H . R. 26155) granting an increase of
pension to Alm yron S. Sm ith; to the Committee on Invalid
Pensions.
By Mr. L A F F E R T Y : A bill (H. R. 26156) granting an in
crease o f pension to Daniel J. H aynes; to the Committee on
Invalid Pensions.
By Mr. L IT T L E P A G E : A bill (H . R. 26157) granting a
pension to James S. H olm es; to the Committee on Pen
sions.
Also, a bill (H . R. 26158) granting a pension to W illiam B.
In gliram ; to the Committee on Invalid Pensions.
Also, a bill (II. It. 26159) granting an increase o f pension to
Jacob C ooper; to the Committee on Invalid Pensions.
By Mr. M ACON: A bill (H . It. 26160) authorizing the Sec
retary o f W ar to furnish three condemned bronze or
brass cannon or fieldpieces and cannon balls to the county
o f Clay, State o f Arkansas; to the Committee on M ilitary
Affairs.
By Mr. M U R R A Y : A bill (II. R. 26161) granting a pension
to W alter Francis L ee; to the Committee on Pensions.
By Mr. RU CK ER o f Colorado: A bill (II. R. 26162) granting
a pension to Harriet B lundell; to the Committee on Pensions.
Also, a bill (II. R. 26163) granting an increase o f pension to
John K rem m er; to the Committee on Invalid Pensions.
By Mr. T IL S O N : A bill (H . R. 26164) granting a pension to
M argaret T. S h ea; to the Committee on Pensions.
Also, a bill (II. It. 26165) granting an increase o f pension to
Mary A. A ttm ore; to the Committee on Invalid Pensions.
By Mr. U N D E R H IL L : A bill (II. It. 26166) granting a pen
sion to Hannah W estbrook; to the Committee on Invalid Pen
sions.
PETITION S, ETC.
Under clause 1 o f Rule X X I I , petitions and papers were laid
on the Clerk's desk and referred as follow s:
By Mr. F O S S : Petition o f freight traffic committee o f the
Chicago Association o f Commerce, favoring legislation granting
the right o f appeal to the courts for the correction o f errors o f
la w ; to the Committee on Interstate and Foreign Commerce.
By Mr. F U L L E R : Petition o f National Council, Daughters o f
Liberty, favoring passage o f bills restricting immigration,; to
the Committee on Imm igration and Naturalization.
Also, petition o f freight traffic committee o f the Chicago
Association o f Commerce, favoring amendment o f the inter
state commerce la w ; to the Committee on Interstate and For
eign Commerce.
Also, petition o f W . Atlee Burpee, o f Philadelphia, Pa.,
against passage o f a parcel-post system ; to the Committee on
the Post Office and Post Roads.
10331
By Mr. G A L L A G H E R : Memorial o f freight traffic committee
o f the Chicago Association o f Commerce, relative to amending
laws o f the ju d icia ry ; to the Committee on Interstate and For
eign Commerce.
By Mr. K IN D R E D : Memorial o f the National Association o f
Talking Machine Jobbers, o f Pittsburgh, Pa., against passage
o f the Oldfield bill, relative to change in patent la w ; to the
Committee on Patents.
Also, memorial o f Inventors’ Guild, o f New York City, relative
to change in patent la w ; to the Committee on Patents.
By Mr. P A R R A N : Memorial o f U. S. Grant Council, No. 352,
Order o f Independent Americans, o f Pottstown, Pa., and Haverford Council, No. 592, Order o f Independent Americans, o f
Philadelphia, Pa., favoring passage o f House bill 25309, relative
to United States flag on lighthouses o f the United States, etc.;
to the Committee on Interstate and Foreign Commerce.
By Mr. RU CK ER o f C olorado: M emorial o f Longmont Com
mercial Association, o f Longmont, Colo., favoring i-cent letter
postage; to the Committee on the Post Office and Post Roads.
Also, memorial o f Jewish Consumptives R elief Society,
against passage o f bills restricting im m igration; to the Com
mittee on Immigration and Naturalization.
By Mr. W ILSO N o f New Y o r k : Memorial o f New York
Produce Exchange, o f New York City, favoring passage o f House
bill 25572, to amend laws relating to the ju d icia ry ; to the Com
mittee on Interstate and Foreign Commerce.
SEN ATE.
W ednesday , August 7, 1912.
The Senate met at 10 o’clock a. m.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
Mr. BACON took the chair as President pro tempore under
the previous order o f the Senate.
The Secretary proceeded to read the Journal o f yesterday’ s
proceedings, when, on request o f Mr. S m o o t and by unanimous
consent, the further reading was dispensed with and the Journal
was approved.
M E SSAG E FROM T H E H O U SE .
A message from the House o f Representatives, by J. C. South,
its Chief Clerk, announced that the House had passed flic bill
(S. 5817) granting to the county o f Hill, in the State o f Mon
tana, the ja il building and fixtures now upon the abandoned
Fort Assinniboine M ilitary Reservation, in the State o f Mon
tana, with amendments, in which it requested the concurrence
o f the Senate.
The message also announced that the House had disagreed
to the amendments o f the Senate to the bill (II. R. 24121) to '
pay certain employees o f the Government for injuries received
while in the discharge o f their duties, and other claims, asks a
conference with the Senate on the disagreeing votes o f the tw o
Houses thereon, and had appointed Mr. Pou, Mr. M a g u i r e o f
Nebraska, and Mr. H e a l d managers at the conference on the
part o f the House.
ENROLLED BILLS SIGNED.
The message further announced that the Speaker o f the House
had signed the follow ing enrolled bills, and they were thereupon
signed by the President pro tem pore:
S. 4838. An act to amend section 96 o f the “ A ct to codify,
revise, and amend the laws relating to the judiciary,” approved
March 3, 1911;
S. 7012. An act to permit the construction o f a subway and
the maintenance o f a railroad under the post-office building, at
or near Park Place, in the city o f New Y o r k ;
S. 7195. An act to authorize the Great Northern Railw ay Co.
to construct a bridge across the Missouri R iv e r ;
S. 7163. An act authorizing the State o f Arizona to select
lands within the form er Fort Grant M ilitary Reservation and
outside o f the Crook National Forest in partial satisfaction o f
its grant for State charitable, penal, and reform atory institu
tions; and
,
H. It. 21SSS. An act providing for the sale o f the United States
unused post-office site at Perth Amboy, N. J.
PETITIONS AND MEMORIALS.
Mr. W A R R E N presented a petition signed by Mrs. T. A.
Stout and 461 other citizens o f Sheridan, W yo., praying for the
adoption o f an amendment to the Constitution to prohibit the
manufacture, sale, and importation o f intoxicating liquors,
which was referred to the Committee on the Judiciary.
Mr. PER K IN S presented a memorial o f the board o f directors
o f the Chamber o f Commerce o f San Francisco, Cal., remon
strating against the adoption o f the 50 per cent cargo clause in
the pending Panama Canal bili, which was ordered to lie on the
table.
CONGRESSIONAL RECORD— SENATE.
10332
A ugust
7,
I f this bill can pass without any debate, I do not wish to
object. But I wish to reserve the privilege o f objecting if it is
to lead to extended debate.
Mr. BURTON. I desire to be heard on the bill when it is
brought up. I have certain amendments to propose.
Mr. W ARREN. I will say to the Senator from Alabama that
the matter I wT
ish to close is a conference report which ought to
be disposed o f; and it will take just the time required for a
vote unless something o f which I am not advised develops.
Mr. BANKHEAD. I f I could get unanimous consent to con
sider this bill immediately after the disposition o f the con
ference report to be called up by the Senator from Wyoming
I would have no objection. I make that request.
Mr. SMOOT. The bill has gone to the calendar, and there
HILLS INTRODUCED.
are a great many other bills on the calendar the consideration
Bills were introduced, read the first time, and, by unanimous o f which is desired by those interested in them. I understand
consent, the second time, and referred as fo llo w s:
this bill is going to lead to some lengthy discussion. I f that be
By Mr. BACO N :
the case, Mr. President, I hardly think it proper to take it up
A bill (S. 7420) for the relief o f Hugh II. Gordon (with ac at this time. I dislike to object to the consideration o f the bill.
companying papers) ; to the Committee on Indian Affairs.
I have no objection to it myself personally, but I believe it is
By Mr. SW ANSON:
not proper at this time to allow a discussion o f the bill which
A bill (S. 7427) for the relief o f Edgar Allan, j r . ; to the Com would take up all the morning hour.
mittee on Claims.
Mr. BANKHEAD. I have no disposition in the world, Mr.
By Mr. SM ITH o f M ichigan:
President, to hinder in any way the disposition o f the business
A bill (S. 7428) granting an increase o f pension to Lucy L. o f the Senate. I will be perfectly willing if any agreement can
Norton; to the Committee on Pensions.
be reached in a reasonable time when this bill can have consid
AMENDMENT TO DEFICIENCY APPROPRIATION HILL.
eration to make an arrangement or agreement o f that sort.
I f the Senator from Utah or the Senator from Wyoming will
Mr. PERKIN S submitted an amendment relative to the sale
and lease by the Secretary o f W ar o f surplus waters pertaining suggest a time reasonably near when we could consider the
to the military reservation at Schofield Barracks, island of bill, 1 have no disposition in the world to interfere with other
Oahu, Territory of Hawaii., etc., intended to be proposed by him business o f the Senate. But I am exceedingly anxious to have
to the general deficiency appropriation bill (H . R. 25970), which the consideration o f this measure at an early time. In 10
was referred to the Committee on Appropriations and ordered minutes I can satisfy the Senate it is a bill which ought to
pass in the interest o f everybody, not only in Alabama but iu
to be printed.
the entire country.
THE COTTON SCHEDULE.
Mr. SMOOT. I wish to say to the Senator that I am quite
Mr. ASHURST submitted an amendment intended to be pro
posed by him to the bill (H. R. 25034) to reduce the duties on positive there will be plenty o f time to take up bills on the
manufactures o f cotton, which was ordered to lie on the table calendar after the appropriation bills are through, and I know
there w ill be no disposition whatever to hold back this bill.
and be printed.
Mr. BANKHEAD. I have no doubt, Mr. President, that at
AMENDMENT OF INTERSTATE-COMMERCE ACT.
some time during the remainder o f the session I can get con
The PRESIDEN T pro tempore. I f there are no concurrent sideration o f the bill. But it is a Senate bill. It must pass
or other resolutions, the morning business is closed.
the House, and every day of delay endangers its final passage.
Mr. WARREN. Mr. President-----I do not think the Senator from Ohio [Mr. B u r t o n ] cares
The PRESIDEN T pro tempore. The Chair will withhold to speak at any length on the bill. He has spoken on this same
that announcement. There is a resolution which comes over subject quite a number o f times. I f he has anything new to
from a former day o f which the Chair had not been advised. It present to the Senate it w ill be developed during the course of
will be read.
his discussion. I want to take but a few minutes myself on the
The Secretary read Senate resolution 372, submitted by Mr. bill.
K e n y o n on the Gth instant, as follow s:
Mr. SMOOT. I know the bill is going to be discussed, be
Therefore,
Resolved, That the Committee on Interstate Commerce be discharged cause the Senator from Ohio has already so stated.
from the further consideration of the bill (S. 3345) to amend the act
Mr. President, I shall object to the consideration o f the bill
of July 2, 1890, entitled “An act to protect trade and commerce against now.
I will speak to the Senator-----unlawful restraints and monopolies,” and that the same be laid before
Mr. BANKHEAD. I move that the Senate proceed to the
the Senate for its consideration.
Mr. KENYON. Mr. President, I only want to explain the consideration o f the bill.
The PRESID EN T pro tempore. The Senator from Alabama
purpose of the resolution. The chairman o f the Committee
on Interstate Commerce the Senator from Minnesota [Mr. moves that the Senate proceed to the consideration o f the bill.
C l a p p | desires to be present.
I wish that a messenger may be [Putting the ^question.]
Mr. BANKHEAD. I demand the yeas and nays.
sent for him.
The PRESIDEN T pro tempore. The Senator from Alabama
Mr. WARREN. I suggest to the Senator, in the absence of
the chairman o f the committee, to let the resolution lie over demands the yeas and nays.
Mr. BANKHEAD. I will withdraw the demand for the yeas
without losing its place.
and nays. I do it very reluctantly, o f course, but I see that it
Mr. KENYON. Until to-morrow?
is not the disposition o f the Senate to consider the bill at this
Mr. WARREN. Y es; until to-morrow.
Mr. KENYON. I f it may be laid over without prejudice, in time. However, I want to say to the Senate that at some future
the absence o f the chairman o f the Committee on Interstate time and at a very near time I propose to call the bill to the
attention of the Senate.
Commerce, let that course be taken.
The PRESIDEN T pro tempore. W ithout objection, the reso
LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL.
lution will lie over until to-morrow, retaining its place.
Mr. W ARREN. I ask the Senate to take up the conference
COOSA RIVER DAM, ALA.
report on House bill 24023, the legislative, executive, and
Mr. BANKHEAD. Mr. President, I ask unanimous consent judicial appropriation bill.
The PRESIDEN T pro tempore. W ithout objection------for the present consideration of the bill (S. 7343) to authorize
Mr. McCUMBER. Mr. President, I want to be recognized
the building o f a dam across the Coosa River, Ala., at the plac0
selected for Lock No. 18 on said river.
before we determine whether that shall be done without objec
The PRESIDENT pro tempore. The Senator from Alabama tion. I brought up yesterday, and gave way on account of an
asks unanimous consent for the present consideration o f the objection by the Senator from Georgia [Mr. S m i t h ] , the matter
o f the pension appropriation bill sent over from the House. A
bill indicated by him.
Mr. W ARREN. Mr. President, I very much dislike to inter motion was made and was then pending which I understood
fere in any business important to any Senator, but if we are to would be taken up this morning before any other business out
lay aside these conference reports, especially when we have side o f the routine business and would be proceeded with, i
reason to expect that there may be trouble in finally passing the desire to have it disposed of. All I am asking is that the Senate
bills in another quarter, I fear we shall never get to the end of shall disagree to the proposed amendments o f the House to the
Senate amendments and ask for a further conference.
the term.
REPORTS OF COMMITTEE ON PTJBEIC LANDS.
Mr. SMOOT, from the Committee on Public Lands, to which
was referred the bill (H. It. 5145) authorizing the city of Hot
Springs, Ark., to occupy and construct buildings for the use of
the lire department o f said city on lot No. 3, block No. 115, in
the city o f Hot Springs, Ark., reported it without amendment
and submitted a report (No. 1019) thereon.
He also, from the same committee, to which was referred the
bill (S. 7415) granting to the Atchison, Topeka & Santa Fe
Railway Co. a right of way through the Fort Wingate Military
Reservation in New Mexico, and for other purposes, asked to be
discharged from its further consideration and that it be referred
to the Committee on Military Affairs, which was agreed to.
1912
CONGRESSIONAL RECORD— SENATE
The PR E SID E N T pro tempore. The Senator from W yoming
asks for the present consideration o f the conference report on
the legislative appropriation bill.
Mr. W ARREN . I do not understand that the matter o f the
pension appropriation bill was laid over with any mortgage on
the day. The matter I am bringing up, if I am correctly in
formed, w ill take only the time necessary for a vote, and then
I shall he out o f the way. I appreciate the anxiety and haste
which the Senator from North Dakota feels regarding his meas
u re; but we must first dispose o f the business before us.
Mr. McCUMBER. I f that is true, I will withdraw the re
quest until after we get a vote on the pending report.
Mr. W AR REN . I so understand.
Mr. McCUMBER. I w ill renew it as soon as w e dispose o f
the conference report on the legislative appropriation bill.
Mr. SM ITH o f South Carolina. Mr. President, I merely rise
to a question o f information. I should like to know from the
chairman o f the Judiciary Committee what disposition, if any,
has been made o f House bill 56, which was passed by the House
and sent here some time ago. It has reference to the question
o f restricting or governing the so-called gambling in cotton
futures. I should like to know what has become o f it.
Mr. W ARREN . Can not the Senator wait until we vote
on the conference report?
Mr. SM ITH o f South Carolina. It is just a question o f knowing whether any disposition has been made o f the bill.
Mr. W AR REN . The Senator w ill notice that the chairman
o f the Judiciary Committee is not in his seat.
Mr. SM ITH o f South Carolina. I understand that there are
some members o f the Judiciary Committee here who* might give
me that inform ation, because I propose to ask that the com
mittee be discharged from the further consideration o f the bill
and that it-be brought before the Senate; but I should like to
know if a subcommittee or some one has been appointed to look
after the bill and when we may expect a report upon it.
Mr. W ARREN . As that does not refer at all to the measure
we have taken up, I wish the Senator might withhold that re
quest for the present.
Mr. SM ITH o f South Carolina. The only point was that I
would just like to know if anything has been done at all.
Mr. OVERMAN. Ought not the bill to be really before the
Committee on Agriculture and Forestry?
Mr. SM ITH o f South Carolina. It w as sent to th.e Judiciary
Committee on the question whether or not it is constitutional,
and I suppose it is considered there just the same as before the
Committee on Agriculture and Forestry.
Mr. OVERMAN. I understand that the Committee on Agri
culture and Forestry have another bill before them o f a similar
character.
Mr. GALLINGER. Mr. President, I ask for the regular
order.
The PR E SID E N T pro tempore. The regular order is the
motion o f the Senator from W yoming that the Senate shall
proceed to the consideration o f the conference report. W ithout
objection, it is before the Senate.
Mr. W AR REN . The question is on the adoption o f the con
ference report.
The PRE SID EN T pro tempore. The conference report hav
ing been taken up for consideration, that is the question before
the Senate.
Mr. BORAH. Mr. President. I understand the Senate is
ready to vote upon this conference report and I do not desire
to detain the Senate further than to make a single statement
with reference to the Commerce Court.
I was not present when this matter was voted upon before
it went to conference, and I had no opportunity to state my
views in regard to it. I do not propose to do so now at length,
but I was not quite willing to cast my vote or to have the record
completed without some explanation in regard to it.
! I was opposed to the creation o f a commerce court at the
time it was created, and for the same reason that I opposed it
I am now in favor o f its abolishment. I do not sympathize
with that view w hich would abolish the court, because o f some
opinions rendered or some decisions made. I would not favor
the abolishment o f a court because it rendered a decision or
decisions with the law o f which I did not agree.
Therefore I did not desire that the record should be closed
.without submitting my reasons for being opposed to the court,
and those are the reasons which actuated me when I was op
p o s e d to its creation, to wit, the inefficacy and, in my judg
ment, the inexpediency o f creating special courts.
Now, Mr. President, without taking the time o f the Senate,
as I know the Senate desires to proceed to a vote, I wish to
insert in the R ecord some brief remarks made during the dis
10333
cussion o f this matter when the bill w as originally before the
Senate under date o f June 3, 1910, at page 7364.
I f I may have that permission, I will permit the matter to
come to a vote without further discussion.
The PRE SID EN T pro tempore. W ithout objection, permis
sion w ill be granted.
The matter referred to is as follow s:
“ Mr. B o r a h . Mr. President, I am quite aware o f the de
sire to take a vote, and I am not going to say more than a
word. But as I am going to cast my vote for this bill, I feel
that I should like to say before doing so that I have not in any
wise changed my view’ s with reference to the Court o f Com
merce. I vote for the bill for the reason that, in my opinion,
there are provisions in it which ought to become a part o f the
law o f the land. I have great hope that the argument which
has been adduced by the Senator from Georgia [Mr. B a c o n ]
will prevail at some time, and that that portion o f the bill
which I think most unfortunate w ill be eliminated by a de
cision o f the Supreme Court o f the United States, to the effect
that the Court o f Commerce is unconstitutional.
“ But, Mr. President, I am opposed to the creation o f this
court, even if it be technically within the Constitution. I know
that even if it be within the letter o f the Constitution, it is not in
harmony with the theory o f those who created our system o f
Federal courts. I know it is not in accord with the foundation
principles o f our Federal judicial system. I believe that this
system in its completeness, in its finish, in its reach and power
and jurisdiction, in its divorcement from the turmoil o f party
strife in a nation controlled by parties, is the most original
conception, the richest heritage handed down to us by that
generation o f giants. This is not a fan ciful objection upon my
part.
“ I would earnestly plead with the legislative department o f
this Government to let the ju dicial system as it w as created by
7
the fathers alone. It has stood for 100 years ju st as it was
created, the admiration and wonder o f all men. Lawyers,
statesmen, and jurists from every clime under the sun have
pronounced it efficient and adequate for the juridical duties
and obligations o f this great Government. I f you need more
circuits and more districts, create them ; if you need more
judges, appoint them. I f some o f the questions which are
coming before the court should be advanced over others by
reason o f the public interest, and the statute is not now suffi
cient, change the statute and advance the cases; but do not
mar the system ; do not change the fundamental prin ciples;
do not alter revered and ancient institutions, without great and
controlling and impelling reasons. Here is a system which has
been tested and tried and vindicated, and we are engrafting
upon it a principle in utter violation o f the principles upon
which the fathers built it.
“ I f you say that this court is necessary, I submit to you the
unchallenged facts and figures in this record in answer "to that
contention. The courts as at present organized are ample
and efficient to discharge the duties imposed upon them. I f
you say that the courts o f our country at present are unable
and unfitted to perform these duties, I refuse to join with you
in that libel upon our judiciary system and the challenge to" its
efficiency.
“ No one who is interested in this question w ill soon forget
the half-hearted and apologetic defense made by the learned
lawyer from New York [Mr. R o o t ] — and I speak with the ut
most respect— in defense o f this court. The sum total o f his
argument wT that, as some one had suggested that these were
as
complicated questions, he yielded his judgment against the cre
ation o f special courts and was willing to vote for it. I think
I quote practically his language. He said, ‘ I am inclined to
yield.’ Mr. President, a judiciary system which has stood for
io o years should not be changed upon an ‘ I am inclined to
yield.’ It should only be changed upon profound conviction
and after it has been impeached by its own incapacity. H e said,
‘ i am inclined to yield my predisposition against the creation
o f these courts, because these questions are complicated ones.’
They say that they must have a court o f experts, and yet, Mr.
President, they go to the court, whose efficiency and whose
ability they challenge, to get their experts. They say thev must
have a court better fitted and better qualified, and yet they <*o
to the court whose efficiency they challenge to make up the
court especially fitted for this work. Our lives, our liberty, our
property, and these institutions themselves are under the con
trol and domination and at the disposition o f our judiciary
system as it is now fo u n d ; these things must travel in their old
accustomed way, but rates and railroad matters are so pow erful
and potent as to engraft upon our judiciary system a principle
unknown to those who created it.
10334
CONGRESSIONAL RECORD— SENATE.
“ I might be perfectly willing, Mr. President, and I think I
am, to yield upon all ordinary matters to the suggestion o f those
who are better qualified to judge, better qualified to shape
policies than myself— and I think that is a very good policy to
adopt, because all legislation is a matter o f compromise—but.
Mr. President, in defense o f our judiciary system 1 take a stand
The mob in the streets must obey its orders, the rich and power
ful must yield to its judgments, and the Congress o f the United
States ought to respect it and let it alone. It stands before
the American people to-day as the most nearly complete and
perfect tribunal which has to do with the welfare and interests
of the American people. You and I can do nothing to the per
fection o f that system, which has upon it the stamp o f approval
of Hamilton and Jay and Washington and Jefferson and Madi
son and Ellsworth.
“ If there are incompetent judges, if there are superserviceable judges, unfrock them and drop them from the place they
dishonor, but do not change the entire judiciary system
I
wonder, if it were within the power o f the judiciary system to
make some radical change in the legislative department, what
would happen to the Congress; and yet this great body, unable
to heli> itself, without control o f the purse or the sword, has no
protection against the tyranny o f political bodies, except what
is found in the Constitution and in the respect of the people of
the United States.
“ It is within the power o f Congress, outside o f the domain of
the Constitution, to cripple and hamper and embarrass the
judiciary system o f the United States. That ought to make us,
as suggested by m y colleague [Mr. I I eyb u r n I to-day, all the
more anxious to protect it as it stands and permit its functions
to be performed as they have been performed.
“ W hile I say I am going to vote for the bill, I thought that I
could not do so without putting into this record my unalterable
opposition to this Court of Commerce. What influence I have
here will be exerted against it, and it will be exerted everywhere
that I can exercise it, until we come back to the system which
has proved and justified itself in. these 100 years.” (C ongres
sional R ecord, June 3, 1910, pp. 73G4-7365.)
Mr. SUTHERLAND. Mr. President, I do not want to delay
the vote on this matter further than in view o f the suggestion
made by the Senator from California [Mr. W o r k s ] with refer
ence to the transfer of these additional circuit judges to ask
to have inserted in the R ecord section 201 o f the judicial code,
which provides for the assignment o f these additional circuit
judges eo nomine to the various district courts.
The PRESIDEN T pro tempore. The insertion will be made
as requested by the Senator from Utah, without objection.
The matter referred to is as follow s :
S e c . 2 0 1 . The five additional circuit .judges authorized by the act to
create a Commerce Court, and for other purposes, approved June 18,
1 9 1 0 , shall hold office during good behavior, and from time to time
shall be designated and assigned by the Chief Justice of the United
States for service in the district court of any district, or the circuit
court of appeals for any circuit, or in the Commerce Court, and when
so designated and assigned for service in a district court or circuit
court of appeals shall h a y e th e powers and jurisdiction in this act
conferred upon a cipitwt^jtfaf^in ^his^l^’cttW
*'---..
Mr. W ORKS. The section o f the code referred id by the
SmffTtor from Utah was called to my attention subsequently to
the making o f my remarks on the subject and completely covers
my suggestion.
The PRESID EN T pro tempore. The question is on agreeing
to the report o f the conference committee.
Mr. CRAW FORD. Mr. President. I simply want to.say that
I shall vote 'uga Inst “The conference report Duf~solely on the
ground that, in my opinion, the provision relating to the civil
service, as it is incorporated, is vicious in its tendency, and I
think it is o f a character so serious that I can not accept the
report without a protest.
Mr. LODGE. I ask for the yeas and nays on the adoption of
the report.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. BANKHEAD (when his name was called). I have a
general pair with the senior Senator from Idaho [Mr. H eyburn ], who is absent, and will therefore withhold my vote.
Mr. OVERMAN. I understand the Senator from Idaho is
paired on this vote with the Senator from Louisiana [Mr.
T horn ton ].
Mr. BANKHEAD. Very well. With that understanding I
will vote; I vote “ yea.”
Mr. BURNHAM (when his name was called). I have a gen
eral pair with the junior Senator from Maryland [Mr. S m i t h ].
In his absence I withhold my vote.
Mr. CHAMBERLAIN (when his name was called)-. I have
a general pair with the junior Senator from Pennsylvania
[Mr. O liver ], and therefore withhold my vote.
■ fia i
A ugust 7
Mr. THORNTON (when Mr. F oster ’ s name was called).
I announce the necessary absence o f my colleague [Mr. F oster ]'
and ask that this announcement stand for the day.
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr
P ercy ]. I am informed that if he were present he would vote
in the affirmative, and therefore I w ill vote. I vote “ yea.”
Mr. McLEAN (when his name was called). I have a pair
with the junior Senator from Montana [Mr. M y e r s ]. I f j
were at liberty to vote, I should vote “ nay.”
Mr. W ILLIAM S (when Mr. P ercy ’ s name was called). My
colleague [Mr. P ercy ] is necessarily absent, and is paired, j
ask that this announcement stand for the day.
Mr. SIMMONS (when his name was called). I have a gen
eral pair with the junior Senator from Minnesota [Mr. C l a p p ] .
I do not see him in his seat, and therefore withhold my vote.
’ Mr. SM ITH o f South Carolina (when his name was called).
I have a general pair with the Senator from Delaware [Mr!
R ich ard so n ]. I transfer that pair to the Senator from Maine
[Mr. G ardner ] and will vote. I vote “ nay.”
Mr. SUTHERLAND (when his name was called). On ac
count of my pair with the Senator from Maryland [Mr.
R ayner ] , who is absent, I withhold my vote.
Mr. THORNTON (when his name was called). On this
question I am paired with the senior Senator from Idaho [Mi-.
H e y b u r n J. I f he were present, he would vote “ y e a ” and I
should vote “ nay.”
Mr. W ILLIAM S (when his name was called). I have a gen
eral pair with the senior Senator from Pennsylvania [Mr.
Penrose], *1 transfer that pair to the Senator from Arkansas
[Mr. Clarke ] and will vote. I vote “ yea.”
The roll call was concluded.
Mr. CULLOM (after having voted in the affirmative), j
neglected to state that I have a general pair with the junior
Senator from West Virginia [Mr. C hilton ], but I transfer that
pair to the senior Senator from South Dakota [Mr. Gamble ],
and will allow my vote to stand.
Mr. DILLINGHAM . I have a general pair with the senior
Senator from South Carolina [Mr. T il lm a n ]. I find I can
make a transfer o f that pair to the junior Senator from Massa
chusetts [Mr. Crane ], which would leave me at liberty to vote.
I vote “ nay.” I f the Senator from Massachusetts were pres
ent, he would also vote “ nay.”
Mr. LODGE. I am requested to announce that the Senator
from New York [Mr. R oot] is paired with the Senator from
Nebraska [Mr. H itc h c o c k ].
Mr. CHAMBERLAIN. I am requested to announce that the
senior Senator from Oklahoma [Mr. O w e n ] is paired with the
senior Senator from Nebraska [M r . B r o w n ], I make this ailnouncement for the day.
The result was announced— yeas 30, nays 19, as follow s :
Bankhead
Bourne
Brandegee
Brvan
Catron
Clark, Wyo.
Cullom
. Fletcher
Ashurst
Bacon
Borah
Bradley
Bristow
Bailey
Briggs
Brown
Burnham
Chamberlain
Chilton
Clapp
Clarke, Ark.
Crane
Culberson
Curtis
Davis
Y E A S— 30.
’
Overman
Gallinger
Page
Gronna
Johnston, Ala.
Perkins
Kern
Pomerene
Reed
McCumber
Shively
Martin, Va.
Smith, Ariz.
Nelson
Smith, Mich.
O’Gorman
N AY S— 19.
Kenyon
Burton
La Follette
Crawford
Lodge
Cummins
Dillingham
Massey
Newlands
Jones
NOT VOTING— 45.
Lippitt
Dixon
McLean
du Pont
Martine, N. J.
Fall
Myers
Foster
Oliver
Gamble
Owen
Gardner
Payriter
Gore
Penrose
Guggenheim
Percy
Ileyburn
Poindexter
Hitchcock
Rayner
Johnson, Me.
Richardson
Lea
Stone
Swanson
Warren
Wetmore
Williams
Works
\
\
A
r
Sanders
Smith, Ga.
Smith, S. C.
Townsend
i
Root
Simmons
Smith, Md.
Smoot
Stephenson
Sutherland
Thornton
Tillman
Watson
s
So the conference report was agreed to.
Mr. SUTHERLAND. I offer a con current resolution, which
I ask to lie on the table and be printed in the R ecord.
There being no objection, the concurrent resolution (S. Con.
Res. 25) was ordered to lie upon the table and to be printed
in the R ecord, as fo llo w s:
Resolved by the Senate ( the House of Representatives concurring)
That the Clerk of the House of Representatives be Instructed in
enrollment of the bill (If. R. 24023) making appropriations for the
legislative, executive, and judicial expenses of the Government for the
fiscal year ending June 30, 1913. and for other purposes, to strike out
all of the second paragraph of Senate amendments 511. 512, 513, and
514, as agreed to in conference and concurred in by the two Houses, and
insert in lieu thereof the follow ing:
yl
j
1912.
CONGRESSIONAL RECORD— SENATE.
“ A ll cases pending and undisposed of in said Commerce Court are
hereby transferred to and shall be deemed pending in the district court
of any of the judicial districts within which the original cause of ac
tion brought before -the 'Interstate Commerce Commission arose, such
district to be ’designated by the com plainant; and the venue of all
suits and proceedings hereafter brought to enforce, set aside, annul, or
modify any order of the Interstate Commerce Commission shall be in
any of the judicial districts within which the original cause of action
brought before the commission arose.
10335
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. BURNHAM (wrhen his name was called ). I have a gen
eral pair, as I have stated, but upon this vote I am released.
Therefore I desire to vote. I vote “ nay.”
Mr. CH AM BERLAIN (when his name was called ). I trans
fer the general pair which I have with the junior Senator from
Pennsylvania [Mr. O liver] to the junior Senator from Ne
PENSION APPROPRIATION BILL.
Mr. McCUMBER. Mr. President, tlie Chair has already laid braska [Mr. H itchcock ] and w ill vote. I vote “ yea.”
Mr. CULLOM (when his name was called ). I have a general
before the Senate the message from the House o f Representa
tives on the pension appropriation bill (H . R. 18985). I now pair w ith the ju n ior Senator from W est Virginia [Mr. C h il
renew my motion made yesterday that the Senate disagree to ton ], I have transferred it to the senior Senator from South
the amendments o f the House to the amendments o f the Senate Dakota [Mr. Gam ble ] and w ill vote. I vote “ nay.” I wrish
and ask for a further conference on the disagreeing votes o f the this announcement to stand fo r the day.
Mr. L IP P IT T (when his name w as called ). I have a gen
two Houses, and that the conferees on the part o f the Senate be
eral pair with the senior Senator from Tennessee [Mr. L e a ].
appointed by the Chair.
Mr. SH IVELY. I move that the Senate concur in the House; In his absence I withhold my vote.
Mr. M cCUMBER (when his name was called ). I have a
amendments.
The PR E SID E N T pro tempore. The Senator from North general pair with the senior Senator from Mississippi [Mr.
Dakota [Mr. M cCumber ] moves that the Senate disagree to the P ercy ], and as he would vote “ y e a ” and I should vote “ nay,”
amendments proposed by the House o f Representatives to the I withhold my vote.
Mr. SM ITH o f South Carolina (when his name w as called ).
Senate amendments and ask for a committee o f conference on
the disagreeing votes. The Senator from Indiana [Mr. S h i v e l y ] Again announcing my pair and its transfer, I w ill vote. I vote
“ yea.”
moves that tlie Senate concur in the House amendments. The
Mr. SU THERLAND (when his name w as called). I w ith
latter motion has precedence. The question is on the motion
hold my vote on account o f the absence o f the senior Senator
to concur in the amendments proposed by the House o f Rep from Maryland [Mr. I I a y n e r ] , with whom I have a general
resentatives to the amendments o f the Senate.
pair.
Mr. SH IVELY. I suggest the absence o f a quorum.
Mr. W ILLIA M S (when his name was called ). I desire to
The PR E SID E N T pro tempore. The Senator from Indiana announce my general pair with the Senator from Pennsylvania
suggests the absence o f a quorum. The Secretary w ill call the [Mr. Penrose ], now transferred to the Senator from Arkansas
roll.
[Mr. Clarice], and desire to vote. I vote “ yea.”
The Secretary called the roll, and the follow ing Senators an
The roll call was concluded.
swered to their names :
Mr. SMOOT. I wish to announce the absence from the city
Smith, Ariz.
McLean
Crawford
Ashhurst
o f the ju n ior Senator from W isconsin [Mr. Stephenson ], He
Cullom
Martin, Va.
Smith, Ga.
Bacon
has a general pair with the Senator from Oklahoma [Mr. G ore],
Smith, Mich,
Cummins
Martine, N. J.
Bailey
Dillingham
Massey
Smith, S. C.
Bankhead
I f the Senator from W isconsin were present, he would vote
Fletcher
Nelson
Smoot
Borah
“ nay.”
Gallinger
Newlands
Bourne
Stone
Mr. DILLIN G H AM . I transfer my general pair with the
Bradley
Gronna
O’Gorman
Sutherland
Johnson, Me.
Brandegeo
Overman
Swanson
senior Senator from South Carolina [Mr. T il l m a n ] to the Sen
Johnston, Ala.
Page
Bristow
Thornton
ator from Massachusetts [Mr. C rane ] and w ill vote. I vote
Bryan
.7ones
Perkins
Townsend
“ nay.”
Kenyon
Burnham
Pomerene
Warren
Kern
Burton
Reed
Wetmore
Mr. BAN K H EAD (after having voted in the affirm ative). I
Catron
La Follette
Root
W illiam s
am paired with the senior Senator from Idaho [Mr. H eyburn ]
Chamberlain
Lippitt
Sanders
Works
and therefore desire to withdraw my vote.
Lodge
Shively
Clapp
McCumber
Simmons
Clark, Wyo.
Mr. ASH URST. I desire to announce the unavoidable ab
Mr. ASH U RST. I have been requested to announce that sence from the Chamber o f the Senator from Montana [Mr.
the Senator from Montana [Mr. M yers ] is unavoidably de M yers ], and to state that he is paired with the Senator from
tained during the day. H e is paired with the Senator from Connecticut [Mr. M cL e a n ]. I w ill let this announcement stand
for the day, in order that I may not be obliged to repeat it.
Connecticut [Mr. M cL e a n ].
Mr. M ARTIN E o f New Jersey. I announce the pair between
The PR E SID E N T pro tempore. Upon the roll call o f the
Senate, 02 Senators have responded to their names. A quorum the Senator from Arkansas [Mr. D a v is ] and the Senator from
Kansas [Mr. Curtis ], and w ill let this announcement stand for
o f the Senate is present.
The Senator from North Dakota moves that the Senate dis the day.
Mr. M ARTIN o f Virginia. The Senator from W est Virginia
agree to the amendments proposed by the House o f Representa
tives to the Senate amendments, and ask for a conference on [Mr. W atson ] is unavoidably absent. He is paired with the
the disagreeing votes o f the two Houses, the Chair to appoint Senator from New Jersey [Mr. B riggs],
Mr. JONES. My colleague [Mr. P oindexter] is unavoidably
the conferees on the part o f the Senate. The Senator from
Indiana moves that the Senate concur in the amendments pro absent from the city, and I make this announcement for the
V 'A
" posed by the House o f Representatives. The latter motion has day.
Mr. McCUMBER. I transfer my pair with the senior Senator
precedence. The question is on concurring in the amendments
from Mississippi [Mr. P ercy ] to the Senator from New M exico
proposed by the House to the amendments o f the Senate.
Mr. M cCUMBER. Mr. President, I simply desire to state [Mr. F a ll ] and will vote. I vote “ nay.”
The result was announced— yeas 2S, nays 2S, as follow s;
that tlie matter is substantially in the same condition that it
Y E A S — 28.
was when we voted on it two days ago, the only difference now
Newlands
Gronna
Smith, Ariz.
being that the abolition o f the pension agencies is to take pjace, Ashurst
O’Gorman
Johnson, Me.
Smith, Ga.
according to the amendments o f the House, on the 31st day of Bacon
Overman
Johnston, Ala.
Smith, S. C.
Borah
Pomerene
December instead o f at the present time, but the amendments Bryan
Stone
Jones
Reed
Kern
Swanson
Chamberlain
adopted by the House abolish the pension agencies this year.
Shively
Martin, Va.
Thornton
Mr. SH IVELY. Mr. President, the Senator from North Da Crawford
Martine, N. J.
Simmons
Fletcher
W illiam s
kota has stated the situation precisely as I understand it. The
N A Y S — 28.
provision as it first came from the House would have gone into
Lodge
Clapp
Sanders
Bourne
effect and abolished the pension agencies on the 1st day o f July. Bradley
McCumber
Clark, Wyo.
Smith, Mich.
Massey
Cullom
The House amendment postpones the abolition o f the agencies Brandegee
Smoot
Nelson
Cummins
Bristow
Townsend
to the 31st day o f December o f the present year.
Dillingham
Page
Burnham
W arren
The PR E SID E N T pro tempore. The Chair w ill call atten Burton
Gallinger
Perkins
Wetmore
Root
La Follette
tion to the fa ct that the House has proposed amendments to Catron
W orks
NOT V O TIN G — 88.
the amendments o f the Senate Nos. 2, 3, and 1. Amendments
Dixon
Kenyon
Nos. 5, 9. 10, and 11 are Senate amendments to which the Bailey
Poindexter
du Pont
Lea
Bankhead
Rayner
House further disagrees. Therefore the lo te now to be taken
Fall
Lippitt
Briggs
Richardson
is as to the amendments Nos. 2, 3, and 4, those,being the ones Brown
Foster
McLean
Smith, Md.
upon which the Senator makes his motion. I he question is upon Chilton
Gamble
Myers
Stephenson
Gardner
Oliver
Clarke, Ark.
Sutherland
the motion o f the Senator from Indiana that the Senate concur
Gore
Owen
Crane
Tillman
in the House amendments to the Senate amendments Nos. 2, 3, Culberson
Guggenheim
Paynter
W atson
Heyburn
Penrose
Curtis
and 4.
Percy
Hitchcock
Davis
Mr. M cCUMBER. I ask for the yeas and nays.
10336
CONGRESSIONAL RECORD—SENATE.
A
u g u st
7,
--------------------------------------------------- L ^ _
The PRESIDENT pro tempore. Upon the motion o f the
Mr. STONE. Mr. President, I desire to say, so that my vote
Senator from Indiana that the Senate concur in certain amend on the previous roll call shall not be misunderstood, that I am
ments o f the House, the yeas are 28, the nays 28. So the motion personally in entire sympathy with the contention o f the House.
I think these agencies ought to be abolished. I have said so
fails.
The question recurs upon the motion o f the Senator from heretofore on the floor o f the Senate. But after the roll call
North Dakota [Mr. M c C u m ber ] that the Senate disagree to the at which the Senate refused to concur in the amendments of
amendments o f the House to the amendments of the Senate the House it seemed to me that if the Senate should refuse a
Nos. 2, 3, and 4, and that the Senate further insist upon its further conference with the House the entire bill would be
amendments upon which the committee o f conference have hung up in the Senate and we would be embarrassed in deter
mining in what way to proceed and dispose o f it. So it ap
been unable to agree.
peared to me the better plan would be to send it back to eonMr. GALLINGER. And ask for a further conference.
The PRESID EN T pro tempore. And ask for a further con ference.
Mr., BORAH. I should like to ask the Senator in charge of
ference on the disagreeing votes of the two Houses thereon,
the conferees on the part o f the Senate to be appointed by the the bill what became o f the amendment on page 49, amendment
No. 85?—
Chair.
That the Secretary of Agriculture is hereby directed and required to
Mr. SHIVELY, Mr. SMITH o f Georgia, and others demanded
select, classify, and segregate, as soon as practicable, all lands within
the yeas and nays, and they were ordered.
the boundaries of national forests that are suitable and fit for agri
The Secretary proceeded to call the roll.
cultural purposes, and as soon as such lands have been thus selected,
Mr. L IPPITT (when his name was called). I again announce classified, and segregated the same shall be open to settlement and’
my pair with the senior Senator from Tennessee [Mr. L ea ] and entry under the homestead laws, and the sum of $50,000 is hereby
appropriated for the purpose aforesaid.
refrain frohDxaljng.
Mr. BURNHAM. Replying to the Senator from Idaho, we
Mr. McCUMBErTTwhe«--hiiju»o»>e-iTrrtg*called). I again an
nounce my pair with the senior Senator from Mississippi [Mr. found it was impossible to retain the Nelson amendment in the
form in which it was adopted by the Senate, and it was
P e r c t ] , and transfer it to the Senator from New Mexico [Mr.
amended as follow s:
F a l l ] , and will vote. I vote “ yea.”
That the Secretary of Agriculture is hereby directed and required
Mr. SM ITH o f South Carolina ( when his name was called).
as soon as practicable,
lands
I again announce my pair and its transfer as previously an to select, classify, and segregate, forests that may l>e open all settle
within the boundaries of national
to
nounced and vote “ nay.”
ment and entry under the homestead laws applicable to the national
Mr. SUTHERLAND (when his name was called). I again forests, and the sum of $25,000 is hereby appropriated for the pur
announce my pair with the Senator from Maryland [Mr. R a y - poses aforesaid.
Mr. BORAH. Mr. President, I presume the conferees did the
n e r ] who is absent.
For that reason I withhold my vote. I
will let this announcement stand for all subsequent votes to-day. best they could with this amendment, and I am not disposed to
oppose the report or to criticize the conferees. The conference
The roll call was concluded.
Mr. DILLINGHAM . I transfer my general pair with the report has been sent back once, and I have no reason to hope
senior Senator from South Carolina [Mr. T il l m a n ] to the Sena that we could secure any different result by sending it back
tor from Massachusetts [Mr. C r a n e ] and will vote. I vote again, so I shall not ask it. But I do want to say a word, in
order that this record may leave a protest against the method
“ yea.”
Mr. CHAMBERLAIN. ~ L transfer my general pair with the by which the provision was taken out o f the bill.
junior Senator from Pennsylvania*'[Mr. O liver ] to the junior
The amendment proposed provides as fo llo w s:
Senator from Nebraska [Mr. IIiT C iicock ] and will vote. I
That the Secretary of Agriculture is hereby directed and required
to select, classify, and segregate, as soon as practicable, all lands
vote “ nay.”
suitable and fit
Mr. BANKHEAD. I transfer my pair with the senior Sena within the boundaries of national forests that are have been thus for
agricultural purposes, and as soon as such lands
se
tor from Idaho [Mr. H eyb u r n ] to the senior Senator from lected, classified,‘ and segregated, the same shall be open to settlement
and entry under the homestead laws, and the sum of $50,000 is hereby
Louisiana [Mr. F oster ] and will vote. I vote “ nay.”
appropriated for the purpose aforesaid.
The result was announced— yeas 29, nays 2G, as follow s : \
I think as the Senate hears this amendment read each Sena
Y E A S— 29.
tor will naturally inquire what can be the possible objection
Cullom
Nelson
Stone
Bourne
-.to this amendment. It provides for the classification and seg
Cummins
Page
Bradley
Townsend
Dillingham
Penrose
Warren
Brandegee
regation o f the agricultural land within the forest reserves
Gal linger
Perkins
Wetmore
Bristow
and provides that after classification and segregation they shall
Root
Works
Burnham
La Eollette
be open to entry under the homestead laws o f the United States.
Sanders
Lodge
Burton
Smith, Mich.
McCumber
Catron
TltO facts, as I know them to be in that portion o f the country
Smoot
Massey
Clark, Wyo.
where this is particularly important, are that hundreds and
NAYS— 20.
thousands o f acres o f agricultural lands have been incorpo
Smith, Ga.
rated in these forest reserves. They are not timberlands. Upon
Newlands
Fletcher
Ashurst
O'Gorman
Smith, S. C.
Johnson. Me.
Bacon
them no timber has ever grown. They are not valuable for any
Pomerene
Swanson
Johnston, Ala.
Bankhead
ether purpose than that o f agriculture. Hundreds and thou
Thornton
Reed
Jones
Borah
sands o f American settlers are seeking lands for the purpose
Williams
Shively
Kern
Bryan
Simmons
Martin, Va.
Chamberlain
o f making homes. Some o f them are our best agricultural
Smith, Ariz.
Martine, N. J.
Crawford
lands, and for no sound reason we are denied the right to make
NOT VOTING— 39.
homes upon them.
Percy
Dixon
Hitchcock
Bailey
It was the desire o f those who were urging this amendment to
Poindexter
du Pont
Kenyon
Briggs
have these lands classified and segregated by the department.
Itayner
Fall
Lea
Brown
It was left exclusively under the control and under the supervi
Richardson
Foster
Lippitt
Chilton*
Gamble
McLean
Smith, Md.
\ Clapp
sion o f the department. I f they were not agricultural lands,
Gardner
Myers
Stephenson
Clarke, Ark.
they would not be classified; if they were not agricultural lands
Gore
Oliver
Sutherland
Crane
they would not be segregated, and they could not be entered
Gronna
Overman
Tillman
Gulberson
Guggenheim
Owen
Watson
Contis
until in the judgment o f the department they had been so
Ileyburn
Paynter
D atis
classified and segregated. The department would not classify
So'Jlr. M cC umber’ s motion was agreed to.
mineral lands or power sites or timberlands as agricultural
The PRESIDEN T pro tempore appointed Mr. M c Cum ber , lands. These lands would not be subject to entry until it had
Mr. B u r n h a m , and Mr. S h iv e ly conferees on the part o f the been adjudged that they were fit only for agricultural pur
poses. It seems incredible that anyone could be found so short
Senate at thejfurther conference.
sighted and so unwise as to insist that our agricultural lands
' a ’G * J £ U L T U R A L a p p r o p r i a t i o n b i l l .
should remain idle against the thousands who want to reduce
them to cultivation. It is conservation gone mad.
proceed to the con
Mr. BURNIIAM. I nVdVrrthttt-the Se
What possible objection, Mr. President, can there be to the
sideration of the conference report on House bill 18960, the
settling up o f our agricultural lands by our own people? What
agricultural appropriation bill.
There being no objection, the Senate proceeded to consider reason can be assigned for holding them within the reserves
the report of the committee o f conference on the disagreeing under such conditions that they are practically precluded from
votes o f the two Houses on the bill (II. R. 1S960) making ap being settled?
Mr. President, after this was inserted in the bill as an amend
propriations for the Department of Agriculture for the fiscal
ment, a number o f good people in this country became excited
year ending June 30, 1913.
The PRESIDEN T pro tempore. The question is on agreeing over the proposition and immediately began a campaign against
it. I do not propose to assail the motives and purposes of those
to the report.
1912.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
enable tlie Secretary to obtain the character o f man whom he
thought should take charge o f it. I shall ask when the measure
comes before the Senate an increase o f $1,000 a year for the
chief o f this division.
The measure already having been discussed and the Senate
having passed it as a part o f the appropriation bill, I shall
ask the consent o f the Senate at an appropriate time to take up
the separate bill. I shall modify it to conform exactly with
the terms contained in the appropriation b i ll; and the terms
being then the same, I feel that I can justly ask the consent
o f the Senate to take it up by unanimous consent and that it
w ill pass without consuming any o f the time o f the Senate.
The PRE SID EN T pro tempore. The hour o f 12 o'clock hav
ing arrived, the Chair lays before the Senate the unfinished
business, which w ill be stated.
The S ecretary . A bill (H . It. 21969) to provide for the open
ing, maintenance, protection, and- operation o f the Panama
Canal and the sanitation and government o f the Canal Zone.
Mr. BRANDEGEE. I am inform ed that in all probability
action can be had upon the pending conference report within a
few minutes. I give notice that as soon as it is concluded I
shall demand the regular order. Pending that I ask unanimous
consent that the unfinished business may be temporarily laid
aside.
The PRE SID EN T pro tempore.
The Senator from Con
necticut asks unanimous consent that the unfinished business
may be tem porarily laid aside. I f there be no objection, it
w ill be so ordered. The Senator from Georgia w ill proceed.
Mr. SM ITH o f Georgia.
I had about concluded what I
wished to say. A similar measure is pending before the Com
merce Committee o f the House, although that bill places this
division or bureau in the Department o f Commerce and Labor.
I am advised that they are ready to report it favorably.
Therefore I have every reason to believe that by abandoning
it in the appropriation bill, if the Senate gives its consent to
take it up for immediate action— perhaps to-morrow morning—
it can go to the House at once, and that the passage o f the
measure during the present session w ill not be delayed by my
yielding, so fa r as the Agricultural appropriation bill is
concerned.
I shall support the report o f the conferees.
Mr. SM ITH of Arizona. Mr. President, I wish I -were able
to say something in addition to what has been so ably said by
the Senator from Idaho [Mr. B o r a h ] on the effect o f striking
out the Senate amendments, which granted the right o f locat
ing homes on agricultural lands within the forest reservations.
The instances which he cites o f hardships and uncertainty in
the efforts o f the home-seeking people to find rest within the
great reservations applies probably with more force to that
State which I in part represent than to any other part of the
Union. I could cite many instances o f attempted settlements
within these reservations which meant disappointment to the
home seeker, until now no one will attempt to make a home
within these great restricted boundaries, hampered as they
are not only with the uncertainty o f their title at last but
with the harassment and worry o f rules, regulations, and
restrictions that the settlers in other parts o f the country are
free from.
If I could defeat this conference report, I w ould do so. I
am not satisfied with it, but recognize that the conferees on
the part o f the Senate have done all in their power to preserve
the bill as it left the Senate.
Senators may be sure that the W est w ill never be settled,
that its mighty resources w ill never be developed as long -as
you keep such provisions as the one contained in this bill and
insist on striking down the broader homestead settlement on
forest reservations contained in this bill as it left the Senate.
It is no wonder that Americans go to Canada when such
restrictions are thrown around them in their native land.
People w ill go now any place to find a home that offers them,
no matter at what cost o f labor and time, a real home for
themselves and their children.
As the Senator has so well said, present legislation, with the
rules and regulations which it permits, has dedicated to ever
lasting silence those mountain sides and the intervening val
leys, on which orchards could be grown and farms cultivated.
The House seems to have made a wholesale slaughter o f the
Senate amendments to the Agricultural bill, and among the
corpses I find, on page 64, one o f my own amendments, which
was a small appropriation o f $5,000 fo r the purpose o f in
vestigating means o f destroying a new pest that had invaded
the great alfalfa fields o f the Salt River 5 alley. That appro
priation has not only been stricken out by the conferees, but
the general sum for like purposes has been largely reduced in
this report. But this is a small matter, and amounts to little
10341
in comparison w ith the great questions which have been pre
sented here with such ability by the Senator from Idaho.
Senators, you w ill not settle an acre o f the public domain
now within the forest reserves until behind such settlement
there is a law regulating the right o f the settler against all
comers. He w ill not attempt to locate except when supported
by such a guaranty.
W e in the W est had rather see an apple orchard loaded with
its fruit or a vinyard purple with its rich fruit on these moun
tain sides than to see a desert and silent and homeless forests
o f pine trees. A home is better than a forest-reserve head
quarters, and that is the question involved in this legislation.
Whenever the voice o f wisdom and experience shall be heard
all over this country I have no doubt that the position o f the
Senator from Texas [Mr. B a il e y ] w ill ultimately find full ex
pression in our law.
I am firmly convinced that every State should have the land
within its borders, knowing that where the local interests of
the people are concerned that those interests w ill be best pre
served by the people most interested.
Foreign landlordism under the operation o f a government is
fu lly as obnoxious as individual absentee landlordism.
For the reasons thus briefly stated I would defeat this con
ference report if I could.
Mr. SM ITH o f South Carolina. Mr. President, I am going
to take only a few moments, but I wish to call attention to one
provision o f the bill about which I think the Senate should
know*. I am sure that the conferees have allow'ed it to go out
on account o f the lack o f knowledge o f w hat is involved.
After a conference with the officers o f the Agricultural D e
partment, they brought to my attention a fact that is o f vital
importance to every American citizen w ho is interested in the
T
value o f our farm products. In the grading o f our cotton
there is a difference in the price as fixed by the world, accord
ing to color and foreign matter, varying from $2.50 to $15 a
bale. The Agricultural Department, in addition to grading this
cotton, desires to test the tensile strength, the yarn-making
strength, the cloth-making strength o f the lowest and the high
est grades o f the same variety o f cotton.
W e have two great classes in which our cotton falls, the
gulf and the upland. In both these there are nine grades.
The ordinary variation in price is a quarter o f a cent a pound
“ on ” for grades above middling and a quarter o f a cent “ off ”
on grades below middling to the last two grades, then anywhere
from 2 1- to 3 cents, or $10 to $15 a bale, “ off ” for the lowest
grade.
As far as these experiments have gone they have proved that
the tensile strength o f these different grades does not vary one
particle; that so far as the yarn-making power o f the lowest
grades are concerned, it is as good as the highest grade o f the
same variety.
I made further inquiry as to the bleaching qualities o f this
cotton, and I am assured that the process that bleaches the
whitest and best is exactly the same process that would bleach
the blackest and the lowest grades, and I desired experiments
to prove the cost and results in bleaching these different grades.
Therefore the farm ers o f this country are entitled to know
whether there is an arbitrary fixing o f prices between their
grades or whether these grades are practically o f the same
value,
I asked how much it would take to put sufficient machinery
in the Agricultural Department for them to test all these grades
so as to give a fa ir knowledge as to its tensile strength and
the per cent o f the loss incident to the manufacturing o f the
different grades. They said an additional appropriation o f
$4 ,0 0 0 with the aid already in the bill would enable them to do
this work. This for the enlightenment o f those who produce
the textiles that clothe 900,000,000 people and o f which textile
America has a monopoly.
In this conference report I see that the pitiful sum o f $4,000
is stricken out. When compared with the magnificent results
that might accrue to the growers o f this material from this
knowledge, this act is surprising. The head o f that depart
ment inform ed me the other day that upon the strength o f the
belief that the $4,000 would be passed he had already made ar
rangements for the installation o f the machinery to experiment
along the lines suggested for the benefit o f the southern cotton
growers, as to wha.t is the real difference in the grades as tested
by their intrinsic qualities.
' In order to expedite the passage o f the bill I am going to
vote for the conference report, but I am taking this occasion
to register my protest against men being on thq Agricultural
Committee who know nothing about agriculture. In your Com
mittee on the Judiciary you have no farmers. You compose it
o f the best lawyers you have. I insist that the right way to
do is upon the Agricultural Committee, as near as possible, to
10342
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
get those who are farmers or who have such a knowledge of
farming as to make them capable of deciding the questions that
affect the agricultural interests o f this country.
The PRESIDEN T pro tempore. The question is on agreeing
to the conference report.
The report was agreed to.
AMERICAN TOBACCO ABROAD.
iy
V
%
Mr. LODGE. I ask the Senator from Connecticut if he will
allow me to make a report from the Committee on Foreign
Relations?
Mr. BRANDEGEE. Certainly.
The PRESIDEN T pro tempore. The report, without objec
tion, will be received.
Mr. LODGE. I am directed by the Committee on Foreign
Relations, to which was referred the bill (S. 7409) to constitute
a commission to investigate the purchase of American-grown
tobacco by the Governments o f foreign countries, to report it
back favorably without amendment.
Mr. MARTIN o f Virginia. I ask unanimous consent for the
present consideration o f that bill. It w ill lead to no debate,
I am sure. It is a bill o f just a few lines.
Mr. LODGE. There will be no debate. It will merely re
quire the reading.
The PRESIDEN T pro tempore. The bill will be read for the
information of the Senate.
The Secretary read the b ill; and there being no objection,
the Senate, as in Committee o f the Whole, proceeded to its con
sideration. It proposes to create a commission consisting of
three Senators, to be chosen by the President of the Senate, and
three Members of the House o f Representatives, to be chosen
by the Speaker. Such commission is empowered to investigate
the conditions under which the governments o f foreign coun
tries purchase American-grown tobacco, and whether there is
any combination or understanding between the representatives
of said foreign governments with a view to depressing the price
o f American-grown tobacco. The commission shall report the
results f its investigations to the Congress. The sum o f $10,000
to defray the expenses of the commission, including the expenses
o f witnesses and clerical work, is appropriated.
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
CLAIMS O GOVERNMENT EMPLOYEES.
F
H
4r
A ugust 7,
sailors o f said war,” approved June 19, 1912 (Private, No. 26),
granting an increase o f pension to one Thomas Davidson, so as
to read as follow s:
The name of Thomas Davidson, late of Company G, Seventeenth Refri
ment Massachusetts Volunteer Infantry, and pay him a pension at th»
rate of $36 per month in lieu of that he is now receiving.
The joint resolution was reported to the Senate without
amendment, ordered to a third reading, read the third time, and
passed.
The preamble was agreed to.
INTERNATIONAL CONGRESS ON SCHOOL HYGIENE.
M ROOT.
r.
I report back from the Committee on Foreign
Relations the joint resolution (H. J. Res. 327) requesting the
President o f the United States to direct the Secretary o f State
to issue invitations to foreign governments to participate in the
Fourth International Congress on School Hygiene. A similar
Senate joint resolution, which has already been reported favor
ably, is now on the calendar. I ask for the present consideration
o f the House joint resolution.
Mr. CULBERSON. Let the House joint resolution be read.
Mr. LODGE. It is just the same as ours.
Mr. CULBERSON. It has passed the House?
Mr. LODGE. It has passed the House, and is exactly the
same as the Senate joint resolution.
Mr. CULBERSON. They are identical?
Mr. LODGE. They are identical.
Mr. CULBERSON. I have no objection to the present con
sideration o f the joint resolution.
Mr. BRANDEGEE. I shall not object to its consideration,
but I give notice that after it has been disposed o f I shall de
mand the regular order.
There being no objection, the Senate, as in Committee o f the
Whole, proceeded to consider the joint resolution.
The joint resolution was reported to the Senate without
amendment, ordered to a third reading, read the third time, and
passed.
The PRESIDEN T pro tempore. The joint resolution (S. J.
Res. 123) authorizing the President o f the United States to
invite foreign Governments to send representatives to the Fourth
International Congress on School Hygiene w ill be indefinitely
postponed.
THE PANAMA CANAL.
Mr. BRANDEGEE. I ask for the regular order.
The PRESIDEN T pro tempore. The regular order is de
manded, which is House bill 21969.
The Senate, as in Committee o f the Whole, resumed the con
sideration o f the bill (H. R. 21969) to provide for the opening,
maintenance, protection, and operation o f the Panama Canal,
and the sanitation and government o f the Canal Zone,
r Mr. BRANDEGEE. The Senator from California [Mr.
W o r k s ] gave notice that he would desire to address the Senate
at this time. The pending amendment is the amendment
offered by the Senator from Ohio [Mr. B u r t o n ] to strike our
iii lines 13 and 14, on page 6 , the w ord s:
Mr. BRANDEGEE. I had intended to demand the regular
order, but the Senator from South Dakota [Mr. Crawford] has
a small matter that he wishes to have disposed of.
Mr. CRAWFORD. It is House bill 24121, which has come
back from the House.
The PRESIDEN T pro tempore laid before the Senate the,
action o f the House of Representatives disagreeing to the amend/
meats o f the Senate to the bill (PI. It. 24121) to pay certaib
employees of the Government for injuries received while in th|!
discharge o f their duties, and other claims, and requesting a
conference with the Senate on the disagreeing votes o f the two’.
y No tolls shall he levied upon vessels engaged in the coastwise trade
Plouses thereon.
Mr. CRAWFORD. I move that the Senate insist upon its of the United States.
Mr. WORKS. Mr. President, there are four propositions
amendments and agree to the conference asked for by the
House, the conferees on the part of the Senate to be appointed in the bill that appeal to me as being o f extreme importance.
First. The question o f construction of the treaty between this
by the Chair.
The motion was agreed t o ; and the President pro tempore Nation and the British Government;
Second. The form of government that shall be provided for
appointed Mr. C rawford, Mr. Jones, and Mr. Overman con
the control o f the Panama Canal and the Canal Zone ;
ferees on the part o f the Senate.
Third. The question o f free tolls to American sh ips; and
THOMAS DAVIDSON.
Fourth. The question o f the exclusion from the use o f the
Mr. McCUMBER. I ask permission to report favorably from canal o f railroad-owned ships.
the Committee on Pensions the joint resolution (II. J. Res. 346)
I shall not take up the time o f the Senate in discussing the
to correct an error in an act entitled “An act granting pensions first two of these propositions. I have never doubted the correct
and increase of pensions to certain soldiers and sailors of the ness of that constructoin of the treaty with Great Britain
Civil War and certain widows and dependent children o f soldiers which gives to our Government the right to allow the passage
and sailors of said war,” approved June 39, 1912, and I ask for of its ships through the Panama Canal free o f toll. Any other
its immediate consideration. It is merely a joint resolution t j construction o f it would take away from the Government prac
correct an error.
tically all o f the benefits resulting from ownership or sov
Mr. REED. Before consent is given, I should like to hear ereignty.
the joint resolution read.
There is another matter, Mr. President, that I desire to sug
Mr. McCUMBER. Let me state to the Senator there was a gest in connection with this question. There is a very sharp
mistake made in one o f the private pension bills. It is a mere division o f sentiment upon this question. There are very
clerical error and this is for its correction.
diversified views as to the construction that should be placed
The PRESIDENT pro tempore. The joint resolution will be upon the treaty. We are confronted now, as the representatives
read for information.
o f this Government, with the question as to which one o f these
The Secretary read the joint resolution; and there being no constructions we shall place upon the treaty.
objection, the Senate, as in Committee o f the Whole, proceeded
Shall we, by the vote that we shall give upon this question,
to its consideration. It proposes to correct and amend the place upon it the construction that is most unfavorable to our
paragraph in an act entitled “ An act granting pensions and in Government, since the question is one of doubt? I f so, we, in
crease of pensions to certain soldiers and sailors of the Civil effect, estop the Government from claiming that construction
W ar and certain widows and dependent, children of soldiers and that is favorable to it, and admit that the British Govern-
1912.
CO RESSIO
XG
XAL R C R —SENATE.
EOD
for the benefit o f the American merchant m arine; you are
operating for the benefit o f the American shipbuilder. I f you
really do want more ships flying the American flag and officered
by American captains and manned by American sailors, the
adoption o f this amendment will help you procure that.
Mr. GALLINGER. Mr. President, I have not uttered a w ord
that could be construed to mean that I think there is any need
o f enlarging the coastwise shipping o f the United States. It is
an absolutely protected industry, and our shipyards are abund
antly able to m anufacture the ships that are required in that
trade.
Let this amendment be adopted, Mr. President, and American
citizens can go all over the world and buy all the tramp steam
ers that are for sale, put them under our flag, compete with our
Am erican ships, and lessen the industry o f shipbuilding in our
American shipyards, where they are now producing ships for
the coastwise trade.
Mr. W ILLIA M S. In that connection I w ill ask the Senator
this question.
Mr. GALLINGER. Certainly.
Mr. W ILLIA M S. I f it be not true that Great Britain admits
to her coastwise trade all ships from any country?
Mr. GALLINGER. I think that is not quite correct. I think
to a limited extent she does.
Mr. W ILLIA M S. I think she makes no limitation, provided
they merely comply with the regulations o f the coastwise trade.
Mr. GALLINGER. But however that may be, I feel very
sure, Mr. President, that when we have shipyards in the
United States employing labor at a high price, w hich shipyards
cire fully equipped to manufacture tlie ships for our coastwise
trade, w e do not want to go out into tlie markets o f the w orld
and buy the tramp steamships, all the half-^\oin-out steamships o f England, France, Germany, Sweden, and Norway, and
put them in competition with our ships which are built in our
own shipyards. I hope, Mr. President, that the amendment w ill
not be agreed to.
Mr. BRANDEGEE.
Mr. President, I make the point o f
order that the amendment is not now in order. The amendment
o f the Senator from Ohio [Mr. B urton ] is a complete amend
ment by itself, and the amendment proposed by the Senator
from Mississippi [Mr. W il l ia m s ] starts in after the language
proposed to be stricken out by the Senator from Ohio, and has
nothing to do w ith it.
Mr. GALLINGER. Let us vote on it.
The PR E SID E N T pro tempore. The Chair is not prepared to
say that it is not germane, and if the point is made under the
rules o f the Senate it w ill have to be submitted to the Senate
and not decided by the Chair.
Mr. W ILLIA M S. I think it has a tendency o f perfecting the
language.
Mr. BRANDEGEE. The claim I make is that it has nothing
to do with the question o f tolls, but it is a question o f admit
ting foreign vessels to American i-egistry and comes in at a
point in the bill entirely separate from the amendment pro
posed by the Senator from Ohio.
The PR E SID E N T pro tempore. The Senator from Missis
sippi offered it as an amendment to this sentence, and inquired
o f the Chair before offering it whether an amendment to that
particular sentence w as in order.
Mr. BRANDEGEE. But it does not amend the sentence. It
is a new sentence. It proposes to add after the conclusion o f
the sentence some other language.
Mr. W ILLIA M S. That is true, but it perfects the preceding
language, according to the idea, if it is adopted; and it is my
understanding that it is always in order to perfect a concept
before you strike it out.
Mr. BRANDEGEE. I agree entirely to that.
Mr. W ILLIA M S. Even if the amendment is to add to it
instead o f being a change o f phraseology within it.
Mr. BRANDEGEE. I do not think it had anything to do
w ith the concept about tolls. This question o f tolls is separate.
Mr. AV1LLIAMS. It has a good deal to do with the con
cept—
Mr. BRANDEGEE. But I withdraw the p o in t.o f order.
Mr. W ILLIA M S. It has a good deal to do with the concept
as to what constitutes coastwise vessels.
The PR E SID E N T pro tempore. The Senator from Connec
ticut withdraws his point o f order.
Mr. JONES. Mr. President, a parliamentary inquiry. I f
this amendment should be adopted and then if the amendment of
the Senator from Ohio were adopted, would it strike it out?
The PRE SID EN T pro temi>ore. It would strike it out also.
The whole matter would go out.
Mr, JONES. I would not think so. It is an independent
proposition.
10395
The PRE SID EN T pro tempore. It is offered as an amendment
to the clause. The Chair repeats that as to whether it is a
germane amendment is a question which, under the rules, if the
point is raised, would have to be submitted to the Senate and
is not to be decided by the Chair. That is the rule o f the
Senate.
The Senator from Connecticut has withdrawn the point o f
order and, therefore, there is no question for the Chair to decide
in regard to that matter. The question is on the amendment
offered by the Senator from Mississippi to the sentence which
it is moved to strike out. [Putting the question.] The noes
appear to have it.
Mr. W ILLIA M S. I w ill ask for the yeas and nays on that.
The PR E SID E N T pro tempore. Is the demand for the yeas
and nays seconded?
Mr. W ILLIA M S. Upon consultation w ith some o f my col
leagues it is thought better not to do it, and to dispatch business
I w ill w ithdraw the call.
The PRE SID E N T pro tempore. The demand fo r the yeas
and nays is withdrawn. The noes have it and the amendment
to the amendment is not adopted. The question is on the amend
ment offered by the Senator from Ohio [Mr. B urton ] to strike
out the sentence which has been amended, upon which the yeas
and nays have been ordered.
Mr. STONE. Mr. President, I desire to inquire whether at
this stage, the yeas and nays having been ordered, that order
can by unanimous consent be vacated and that a division instead
o f the yeas and nays be had upon this question. I w ill say, i f
the Chair w ill permit me, that with a view to expediting the
business o f the Senate it is thought that perhaps it w ould be
better not to have a yea and nay vote, but that the question
be taken by a division.
Mr. GALLINGER. W hy not a viva voce vote first?
Mr. STONE. I ask unanimous consent to have the order for
the yeas and nays vacated.
The PRE SID EN T pro tempore. The Senator from Missouri
asks unanimous consent that the order for the yeas and nays be
vacated.
Mr. O’GORMAN. Mr. President, I think it very important
that we should have the yeas and nays on this amendment, and
I must withhold my consent to the request o f the Senator from
Missouri.
The P R E SID E N T pro tempore. The Senator from New York
objects. The question is on the amendment o f the Senator
from Ohio [Mr. B u rto n ] as amended. The Secretary w ill call
the roll.
The Secretary proceeded to call the roll.
Mr. BU RNHAM (when his name w as called ). I have a
general pair with the junior Senator from Maryland [Mr.
S m i t h ]. I transfer that pair to the junior Senator from W ash
ington [Mr. P oindexter] and w ill vote. I vote “ nay.”
Mr. DU PONT (when his name w as called). I have a gen
eral pair with the senior Senator from Texas [Mr. C u lberson ],
who is not in the-pham ber. I therefore withhold my vote.
W ere he present I should vote “ yea.”
Mr. L IP P IT T (when his name was called). I have a general
pair w ith the senior Senator from Tennessee [Mr. L e a ]. In
his absence I withhold my vote.
Mr. M cCUM BER (when his name w as called). I have a
pair with the senior Senator from Mississippi [Mr. P e r c y ], I f
he were present he would vote “ nay ” and I should vote “ yea.”
I am compelled to refrain from voting.
Mr. JONES (when Mr. P oindexter ’ s name was called ). I
desire to announce that my colleague, if present, would vote
“ n a y ” on this question.
Mr. R E E D (when his name was called). I have a pair with
the Senator from Michigan [Mr. S m i t h ], but upon this ques
tion I have his written statement that if he were present he
would vote “ nay.” As that is the way I desire to vote, I feel
at liberty to vote and will do so. I vote “ nay.”
Mr. TOW NSEND (when the name o f Mr. S m it h o f M ichigan
was called ). The senior Senator from Michigan [Mr. S m it h ]
is unavoidably absent from the city. As stated by the ju n ior
Senator from Missouri [Mr. R eed ], he is paired witli that
Senator. I f he were present, the Senator from Michigan would
vote “ nay.”
Mr. SM ITH o f South Carolina. I have a pair with the Sen
ator from Delaware [Mr. R ich a r d so n ]. I transfer that pair
to the Senator from Maine [Mr. G ardner ] and w ill vote. I
vote “ nay.”
Mr. STONE (when his name was called). I have a general
pair w ith the Senator from W yom ing [Mr. Cla r k ], who is
absent from the Chamber. I transfer that pair to the Senator
from Nebraska [Mr. H itchcock ] and w ill vote. I vote “ nay.”
10396
'
CONGRESSIONAL RECORD—HOUSE.
Mr. W ARREN (when his name was called).
I announce my
pa ir with the Senator from Louisiana [Mr. F oster ].
The roll call was concluded.
Mr. DILLINGHAM. I transfer the general pair I have with
the senior Senator from South Carolina [Mr. T il l m a n ] to the
senior Senator from South Dakota [Mr. G a m bl e ] and will vote.
I vote “ nay.’:
Mr. LODGE. I desire to announce the following pairs: The
Senator from Illinois [Mr. C u l l o m ] with the Senator from West
Virginia [Mr. C h il t o n ] ; the Senator from Connecticut [Mr.
M cL e a n ] with the Senator from Montana [Mr. M y ers ] ; the
Senator from New Jersey [Mr. B riggs ] with the Senator from
West Virginia [Mr. W a t so n ] ; and the Senator from Wisconsin
[Mr. S t e ph en so n ] with the Senator from Oklahoma [Mr. G ore].
Mr. JOHNSON o f Maine. I wish to announce that my col
league [Mr. G ardner ] is necessarily absent, and that if he were
present, he would vote “ nay.”
Mr. BANKHEAD. I have a pair with the Senator from Idaho
[Mr. H eyburn ] and therefore withhold my vote.
Mr. ASH LRST:' I have been requested to announce that the
Senator from Montana [Mr. M y ers ] is unavoidably detained
from the Chamber and that he is paired with the Senator from
Connecticut [Mr. M cL e a n ].
The result was announced—yeas 11, nays 44, as follow s:
Brandegree
Burton
Crane
Ashurst
Bacon
Borah
Bourne
Bristow
Bryan
Burnham
Catron
Chamberlain
Clapp
Crawford
Bailey
Bankhead
Bradley
Briggs
Brown
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
Cullom
Y E A S— 11.
Nelson
Oliver
Penrose
NAYS— 44.
Martine, N.
Cummins
Massey
Dillingham
Newlands
Fletcher
O’Gorman.
Gallinger
Johnson, Me.
Overman
Page
Johnston, Ala.
Perkins
Jones
Pomerene
Kenyon
Iteed
Kern
Sanders
La Follette
Shively
Martin, Va.
NOT VOTING— 39.
Hitchcock
Curtis
Lea
Davis
Dixon
Lippitt
McCumber
du Pont
McLean
Foster
Myers
Gamble ’
Owen
Gardner
Pa.ynter
Gore
Guggenheim
Percy
Heyburn
Poindexter
Fall
Gronna
Lodge
Root
Wei mere
J.
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Stone
Swanson
Thornton'
Townsend
Williams
Works
Rayner
Richardson
Smith, Md.
Smith, Mich.
Stephenson
Sutherland
Tillman
Warren
Watson
So Mr. B urton ’ s am endm ent as am ended w a s rejected;
Mr. W ILLIAM S. As to the amendment which I offered a
moment ago as an amendment to the amendment", I now wish
to offer it as an amendment to the text o f the bill at the appro
priate place. It will be seen from the reading. I think it is
on page G line 14.
,
Mr. STONE. Mr. President, while that is being looked up, I
should like to ask the Senator from Connecticut if he expects
to press this bill to a conclusion to-night? •
Mr. BRANDEGEE. Mr. President, from the progress we
have made and in the direction we are going, I have not the
slightest idea we will get anywhere near a vote on the bill
to-night.
Mr. CRAW FORD. I move that the Senate adjourn.
Mr. W ILLIAM S. On that I call for a division.
The motion was agreed to, there being, on a division— ayes
26, noes 24; and (at 11 o’clock and 30 minutes p. m.) the Senate
adjourned until to-morrow, Thursday, August 8 , 1912, at 10
o’clock a. m.
H O U S E O F R E P R E S E N T A T IV E S .
W
ednesday,
August 7, 1912.
*
A
u g u st
7* >
[Mr. U nderwood] in reference to the right to make a motion
to adjourn, without stating what I understood to be the fact
that the Speaker sustained the point on the ground that the
motion was dilatory, without passing upon the other question.
The SPEAKER. That is exactly correct.
Mr. MANN. I hope the Journal will be corrected in that
regard.
The SPEAKER. The Chair will have that corrected. The
Chair is glad that the gentleman from Illinois [Mr. Mann 1
brought the matter up. The gentleman from Alabama [Mr
U nderwood] raised tw o points o f order at once, or, although
not exactly at once, he did get them both in at one time. The
Chair intimated that he was going to sustain the first point
o f order, and the gentleman from Illinois said the Chair was
wrong, whereupon the Chair invited him to produce his au
thorities, if any he had. But the gentleman from Alabama im
mediately raised the point o f order that it was dilatory, ami
it was so clearly dilatory that the Chair ruled upon that point
without passing upon the other one at all.
Then the Chair examined into the decisions and found this
curious state of affairs—that the question had never been raised
at a l l; that is, so far as Hinds’ Precedents shows. But
there is one decision there that looks as though whoever was
in the Chair at the time, would have held that the point of
order made by the gentleman from Illinois was correct. That
is as far as the authorities show.
Mr. MANN. Since the Chair has mentioned the subject, will
the Chair permit me to say that this matter has been ruled
upon several times since I have been a Member o f Congress,
and since the publication o f Hinds’ Precedents, and it was
held that the motion was in order.
The SPEAKER. The Chair is glad to have the information.
The practice has been that immediately after a quorum de
velops the Chair simply announces that a quorum has been
developed and that the committee w ill resume its sitting. The
philosophy of the thing seems to the Chair to be against the
point o f order raised by the gentleman from Illinois, although
IJie Chair is not decided. But the Chair thinks the committee
did not rise for the purpose o f going back into the House, but
ft rose under the rule that the Chair thinks compelled the comInittee to rise. But the Chair will investigate that matter thorfoughly before he rules on it.
message from t h e senate .
A message from the Senate, by Mr. Crockett, one o f its clerks,
announced that the Senate had agreed to the report o f the
committee o f conference on the disagreeing votes o f the two
Houses on the amendments o f the Senate to the bill (II. R. 24023)
making appropriations for the legislative, executive, and ju
dicial expenses o f the Government for the fiscal year ending
June 30, 1913, and for other purposes.
The message also announced that the Senate had still further
insisted upon its amendments to the bill (II. R. 189S5) making
appropriations for the payment o f invalid and other pensions
o f the United States for the fiscal year ending June 30, 1913,
and for other purposes, disagreed to by the House o f Repre
sentatives, disagreed to the amendments o f the House to the
amendments of the Senate numbered 2, 3, and 4, asked a fur
ther conference with the House on the disagreeing votes o f the
two Houses thereon, and had appointed Mr. M c C um ber , Mr.
B u r n h a m , and Mr. S h iv e ly as the conferees on the part o f the
Senate.
r
The message also announced that the Senate had agreed to
the amendment o f the House o f Representatives to the bill
(S. 7012) to permit the construction o f a subway and the main
tenance o f a railroad under the post-office building, at or near
Park Place, in the city o f New York.
The message also announced that the Senate had agreed to
the amendment of the House o f Representatives to the bill
(S. 7195) to authorize the Great Northern Railway Co. to con
struct a bridge across the Missouri River.
The House met at 12 o’clock noon.
CALENDAR WEDNESDAY.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
The SPEAKER. This is Calendar Wednesday, and the call
lowing p ray er:
We bless Thee, our Father in heaven, that the way is always rests with the Committee on Patents.
TRANSPORTATION FO CERTAIN AMERICAN CITIZENS IN MEXICO.
R
open for the betterment o f life’s conditions, but to turn to tiie
Mr. SMITH of Texas. Mr. Speaker, a great emergency exists
right or to the left invites defeat while a straightforward
movement toward the things which make for righteousness for the immediate passage o f Senate joint resolution 129, as
promises victory for the individual, for the race. Keep us, amended by the House Committee on Military Affairs, and I
we beseech Thee, in the straight and narrow way which leads ask unanimous consent for its present consideration.
to life everlasting. In Jesus Christ our Lord. Amen.
The SPEAKER. The gentleman from Texas [Mr. S m it h ]
The Journal o f the proceedings of yesterday was read and asks unanimous consent to consider what he says is an emer
gency resolution. The Chair really does not know what is in it.
approved.
Mr. MANN. I ask, Mr. Speaker, that it be reported.
Mr. MANN. Mr. Speaker, I notice from the reading o f the
Journal that it seems to say that the Speaker sustained the
The SPEAKER. The Clerk w ill report the Senate joint
point o f order yesterday made by the gentleman from Alabama resolution.
1912.
CONGRESSIONAL RECORD— SENATE.
10443
Mr. D U PONT (when his name was called). I have a general
pair with the senior Senator from Texas [Mr. Culberson], As
I do not see him in the Chamber, I withhold my vote.
Mr. WILLJApMS (when Mr. Percy’s name was
desire to jtiH e that my colleague [Mr. Percy]
absent
paired. I f he were presejf? he wo>
Mr. 1 X > W N f e E ^ ^ ( y ^ ) ^ ^ ^ ^ m e ^ / M r . S xb
was
Michigan] is unavc
ably absent from the city. H e is paired with the junior Senator
from Missouri [Mr. Reed]. On this question I can not say how
my colleague would vote if present.
Mr. SM ITH of South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware [Mr.
R ichardson] and, a transfer of my pair to the Senator from
Miy*& [M ^f
Ijj^fce “ yea.”
I i ^ SUTJ
£pS^H^t^D Jj&fcren his name was called. I have a
rar pair^i(h>seTtf^^nator from Maryland [Mr. R ayner ].
his absence I withhold my vote.
The roll call was concluded.
Mr. LODGE. I desire to announce that the Senator from
New Jersey [Mr. B riggs] is paired with the Senator from W est
Virginia [Mr. W atson].
The Senator from Nebraska [Mr. B rown] is paired with the
Senator from Oklahoma [Mr. O w en ].
The Senator from Kansas [Mr. Curtis] is paired with the
Senator from Arkansas [Mr. D avis ].
The Senator from Montana [Mr. D ixon ] is paired with the
Senator from Texas [Mr. B ailey ].
The Senator from Colorado [Mr. Guggenheim ] is paired
with the Senator from Kentucky [Mr. Paynter ],
The Senator from Wisconsin [Mr. Stephenson] is paired
with the Senator from Oklahoma [Mr. Gore],
The Senator from Wyoming [Mr. W arren] is paired with
the Senator from Louisiana [Mr. F oster],
Mr. LIPP ITT. I have a general pair with the senior Sena
tor from Tennessee [Mr. L ea ]. I f I were at liberty to vote, I
would vote “ nay.”
Mr. REED. Upon this bill I have a pair with the Senator
from Michigan [Mr. Sm it h ]. I have his instruction in refer
That all legal prohibitions upon the American registration of foreign- p
ence to his position upon the bill on various matters, but not
built ships for foreign trade are hereby repealed : Providedj The ships
are exclusively of American ownership.
with reference to this particular matter.
I therefore feel
The P R E SID E N T pro tempore. The question is on agreeing t bound by the pair not to vote. I, however, transfer my pair
to the amendment just offered. [Putting the question.] The 1 to the Senator from Nebraska [Mr. H itchcock] and vote. I
vote “ j-ea.”
noes appear to have it.
Mr. M A R TIN E of New Jersey. I desire to announce the pair
Mr. W IL L IA M S . I ask for the yeas and nays.
of the. Senator from Arkansas [Mr. D avis ] with the Senator
The yeas and nays were ordered,
lieve it should hot be brought up on this bill. I am exceedingly from Kansas [Mr. Curtis]. I make this announcement for the
anxious to see the bill now before the Senate pass and become day.
Mr. SW AN SO N. I desire to announce the pair of the senior
a law, and. for that reason I am sorry to see it incumbered by
anything that might jeopardize its final passage. It is for that Senator from W est Virginia [Mr. W atson] with the senior
reason, without going into its merits, that I feel inclined to vote Senator from New Jersey [Mr. B r i g g s ] ,
Mr. SIMMONS (after having voted in the affirmative). I
against the amendment.
Mr. JOHNSON of Maine. Mr. President, I shall vote against have a general pair with the junior Senator from Minnesota
this amendment; and in explanation of that vote I wish to say [Mr. Clapp]. I transfer that pair to the Senator from Arkansas
that I will cast the vote without reference to the merits of the [Mr. Clarke] and will let my vote stand.
Mr. McCUMBER. I announce my pair with the senior Sena
amendment, because I think a subject of such .-.st importance
should not be made a mere incident as an amendment on this tor from Mississippi [Mr. Percy], and therefore withhold my
bill, which has now been under consideration so long; that it vote.
Mr. C LAR K of Wyoming.
I desire to announce that my
is of such importance that it should be the subject of exclusive
and special legislation and our own navigation laws revised, colleague [Mr. W arren] is unavoidably absent from the Cham
and revised when the Senate is in condition to give attention ber on account of important business for the Senate.
Mr. W IL L IA M S . I have been requested to announce that the
to that matter. For that reason I shall vote, as I have said,
senior Senator from Oklahoma [Mr. Ow en ] is paired with the
against the amendment without reference to its merits.
The P R E SID IN G OFFICER. The question is on agreeing senior Senator from Nebraska [Mr. B rown],
Mr. SH IV E L Y . I was requested to announce that the senior
to the amendment of the Senator from Mississippi on which
Senator from Missouri [Mr. Stone] is necessarily absent from
the yeas and nays have been ordered.
the Chamber, but that he is paired with the senior Senator
Mr. W IL L IA M S . I ask for the yeas and nays.
from Wyoming [Mr. Clark ].
Mr. G ALLIXG ER . Call the roll.
The result was announced— yeas 34, nays 24, as follow s:
The P R E SID IN G O FFICER.
The yeas and nays have
Y E A S — 34.
already been ordered.
Nelson
The Secretary proceeded to call the roll.
Johnston, Ala.
Smith, Ariz.
Ashurst
O’Gorman
.Tones
Smith, Ga.
Mr. B U R N H AM (when his name was called).
I have a Bacon
Overman
Kenyon
Smith, S. C.
Bryan
general pair with the junior Senator from Maryland [Mr. Chamberlain
Tage
Kern
Swanson
Poindexter
Sm it h ]. I f I were at liberty to vote I would vote “ nay.”
La Follette
Crawford
Tillman
Beed
McLean
Cummins
Townsend
Mr. C LARK of Wyoming (when his name was called).
I
Boot
Martin, Va.
Fall
W illiam s
have a general pair with the senior Senator from Missouri [Mr. Fletcher
Shively
Martine, N. J.
Myers
Simmons
S tone]. In the absence of that Senator I withhold my vote. Gronna
I f he were present and I were at liberty to vote I would vote
N A Y S — 24.
“ nay.”
Catron
Johnson, Me.
Bankhead
Pomerene
Crane
Lodge
Mr. CULLOM (when his name was called). I will transfer Bourne
Sanders
Cullom
Massey
Smoot
my pair with the junior Senator from West Virginia [Mr. Bradley
Dillingham
Oliver
Brandegee
Thornton
C hilton ] to the senior Senator from South Dakota [Mr. Ga m Bristow
Gallinger
Penrose
Wetmore
Heyburn
Burton
Perkins
b l e ] and vote.
I vote “ nay.”
Works
in tlieir generation and I hope becoming wiser— and I have no
doubt there will be much wiser men in this Chamber after a
few of the old men, of whom I_mn one, have departed from it—
I have believed that in thO'wisdom of the American Congress—
and I will use a term that is-sometimes sneered at— in the
patriotism of the A 1nerU-aiv pcbple a remedy will be found for
this condition. B ut/it will ndfwbe -found if w ^fo^^dfee^A m
can people to go abroad nn d h a j y t 1
the avenue of \xo\hy4o fr f^ 'lp ^ u ^ A ihw ietu^'IshipyOTdsare con
cerned in the construction of ships for the over-sea traffic.
That is my view, and holding that view I simply wish to reg
ister my protest against this amendment, and I shall expect
to look back upon my vote with satisfaction after I have passed
from this great forum, and after some one/else sffiidT occupy
the place that I am trying to iilLAV'yfrli m at stnArtipcnlxT am
content to have the matter go te^a VjAg, imd -if (^ /D e m o cra tic
friends, with some recruits from UnRsdue, caw muster votes
enough to put us on a free-trade.Ajasikin the JuatVm’ of ships,
my protest will be unavailing soCcar asv tlie result isunficerned,
but it will at least be gratifying to me to reflect that I made it.
Mr. SH IV E L Y . Mr. President, the difficulty is that we are
on no basis whatever at present, so far as shipbuilding for ocean
foreign commerce is concerned. The Senator and those who agree
with him are not and can not be more ambitious than is this side
of the Chamber to-see-our merchant marine again upon all the
seas anti' the flag of our country in every port on the globe.
The restoration is not to be accomplished on the lines pursued
in the past two score years. All artificial expedients have been
fried and have dismally failed. Neither the British nor the
/ Germans sacrificed their shipyards when they went out into
t the world for ships.
On the contrary, they recognized their
merchant marine as the superior and
interest,
Mr. W IL L IA M S . I offer the following amendment, which I
send to the Secretary’s desk.
The P R E SID E N T pro tempore.
The amendment will be
stated.
The Secretary. On page G, line 14, after the words “ United
States,” insert the following:
oommnnriino-
10444
Bailey
Borah
Briggs
Brown
Burnham
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
NOT VOTING— 36.
Guggenheim
Culberson
Hitchcock
Curtis
Lea
Davis
Dixon
Lippitt
McCumber
du Pont
Foster
Newlands
Gamble
Owen
Gardner
Paynter
Gore
Percy
Rayner
Richardson
Smith, Md.
Smith, Mich.
Stephenson
Stone
Sutherland
Warren
Watson
So Mr. W i l l i a m s ’ s amendment was agreed to.
Mr. GALLINGER. I submit an amendment to follow tbe
amendment just adopted. After it lias been read I desire to
say a word concerning it.
The PRESIDING OFFICER. The amendment proposed by
the Senator from New Hampshire will be read.
The S e c r e t a r y . Following the amendment just agreed to, on
page G insert the following proviso:
Provided, That foreign-built ships admitted pursuant to this section
shall not be entitled to mail contracts under the act of March 3, 1891,
entitled “ An act to provide for ocean mail service between the United
States and foreign ports and to promote commerce.”
Mr. GALLINGER. Mr. President, the danger and the mis
fortune of enacting legislation in a hurried manner without
giving it consideration is so well illustrated by the adoption
of the amendment of the Senator from Mississippi as it possi
bly could be in any other way. W e have voted to purchase
ships abroad, to put them in the foreign trade, and unless there
is some inhibition they will come under the provisions of the
act of 1891, which gives mail contracts to ships engaged in the
foreign trade under certain conditions.
In that act it is provided that the ships shall be built on plans
approved by the Navy Department with reference to prompt
and economical conversion into auxiliary cruisers and trans
ports in time of war, and unless they are so built they can not
receive these mail subventions, or whatever you choose to call
them. Yet we have adopted an amendment whereby we will
go abroad and buy ships constructed not according to the plans
of our Navy Department, with no provision for their conversion
into auxiliary cruisers in time of war, and put them into the
service of the United States. I f these auxiliary naval and mail
ships were built abroad the confidential plans of the Navy De
partment as to their gun mounts, magazines, etc., would have
to be placed in the hands of foreign shipbuilders for execution,
and would undoubtedly come into the possession of foreign Gov
ernments.
Mr. W ILLIAM S. I should like to ask the Senator from New
Hampshire a question.
The PRESIDING OFFICER. Does the Senator from New
Hampshire yield to the Senator from Mississippi?
Mr. GALLINGER. With pleasure.
Mr. W ILLIAMS. Is not this subvention, or whatever it is,
dependent upon these ships being built in a certain way upon
certain prescribed lines-----Mr. GALLINGER. That is the requirement as to our ships,
but when we go in------Mr. W IL LIAM S. In order to receive the shbvention------Mr". GALLINGER. That is the requirement as to ships built
in our American shipyards.
Mr. W IL LIAM S.
All ships of every description built in
American shipyards------Mr. GALLINGER. Engaged in the foreign trade.
Mr. W IL LIAM S. And all are required to enter into this
agreement as to naval purposes?
Mr. GALLINGER. They are.
Mr. W IL LIA M S. It would appear, then, Mr. President, if I
understand it, that the subvention is dependent upon the fact
that they are built in conformity with certain prescribed plans.
Mr. GALLINGER. Yes.
Mr. W IL LIAM S. I f that be the case, then there is nothing
in the amendment that would admit these foreign-built ships to
those subventions at all. The only thing that the amendment
which was adopted by the Senate has done was to repeal the
navigation laws in so far as they refuse American registry to
ships built for American owners in foreign yards.
Mr. GALLINGER. Mr. President, I am not at all sure that
the Senator is right. The conditions under which our ships are
built apply to ships built in American shipyards. I f we are
going abroad to buy ships, there is no inhibition on this point
concerning ships that we purchase abroad. What I want to
accomplish is to put an inhibition in some form or other in the
bill that these ships shall not then get a subvention unless they
come up to the standard that is required of American-built
ships.
I will ask that the amendment be read again. I think the
Senator was absent when it was read.
The PRESID ING OFFICER. It will be again read.
The Secretary again read Mr. G a l l in g e r ’ s amendment.
A ugust 8
Mr. GALLINGER. It is manifest------Mr. W IL L IA M S . That is a little different, if the Senator
will pardon me, from the matter as I understood him to state
it. I f he would add there “ unless they are of the type of ships
which being built in American shipyards are entitled to the
subvention,” there might be no objection to his amendment, but
in its present shape it merely emasculates the amendment which
was just adopted by the Senate.
Mr. GALLINGER. I am not quite sure that it does that nor
am I sure that the Senator’s suggestion is quite a sound one
I imagine there is no nation on the face of the earth that will
send its plans for the construction of a ship that can be con
verted into a cruiser in time of war into the shipyards of
another nation.
Mr. W IL LIAM S. That seems to me to be a very plausible
statement; I think it is probably true; but, if that be the case
if the Senator would add to his amendment “ unless the ships
hereafter built in foreign yards are built along the lines pre,
scribed by this act,” then, I think, it would not emasculate the
amendment just passed. I understand that to be the Senator’s
object.
Mr. GALLINGER. I had a further amendment, which I had
thought of offering.
Mr. W IL L IA M S . That is. if our Navy Department did not
want to send plans over and these were not so built, then bv
the very operation of law they would not be entitled to a quid
pro quo.
Mr. GALLINGER. I am delighted to know that the Senator
and I reach common ground on this matter. I had contemplated
and had very hastily written another amendment, in view of
the fact that I thought this might not be agreed to. Now they
can be combined:
That foreign-built ships admitted pursuant to this section shall not be
entitled to mail contracts under the act of March 3, 1891, entitled “ An
act to provide for ocean mail service between the United States and
foreign ports, and to promote commerce.”
Let us a d d :
Unless such foreign-built ships shall be constructed according to plans
approved by the Navy Department as provided for in this act.
Mr. W IL LIA M S. That is treating both equally. I have no
objection.
Mr. GALLINGER. I will take a little time to rewrite this
amendment, and before the bill passes from the Committee of
the Whole I will submit it.
Mr. BRANDEGEE. I ask that the Secretary read the pro
posed amendment as advocated by Prof. Johnson, which I send
to the desk.
The PRESIDING OFFICER. The Secretary will read the
amendment.
The S e c r e t a r y . On page 6, line 17, after the word “ com
merce,” insert the following:
The rate of tolls may be lower upon vessels in ballast than upon
vessels carrying passengers or cargo.
Mr. BRANDEGEE. I think that amendment should be
agreed to.
The amendment was agreed to.
Mr. BRANDEGEE. In connection with that, though it is
not immediately following, Prof. Johnson suggested that on
page 7, line 13, at the end of the line, after the proviso, down as
far as and including the word “ cargo,” in line 19, should be
stricken out. When we reach that I will ask that it may be
stricken out. I ask the Secretary to state the next amendment
in order.
The S e c r e t a r y . On page C, line 20, after the word “ less,”
strike out the comma and the words “ other than for vessels of
the United States and its citizens.”
Mr. BRANDEGEE. I think that is a mistake, and, although
it is a committee amendment, the clause should stay in. The
language of the House provides that—
When based upon net registered tonnage for ships of commerce the
tolls shall not exceed $1.25 per net registered ton, nor he less, other
than for vessels of the United States and its citizens, than the esti
mated proportionate cost of the actual maintenance and operation of
the canal, etc.
Now, we have adopted the principle of free tolls for ships
engaged in our domestic commerce. That would be directly in
conflict with the provision if it was stricken out, it seems to me.
I suggest that the amendment be disagreed to and that the
House provision stand.
The PRESIDING OFFICER. The question is on agreeing
to the committee amendment.
The amendment was rejected.
The next amendment of the committee was, on page G line
,
25, after “ 1903,” to insert:
No tolls shall he levied upon vessels of American registry engaged
in the foreign trade if the, owners agree that such vessels may he
taken and used by the United States in time of war or other public
1.
2
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
10447
- undertook to distinguish between coastwise vessels and were in favor of free passage for all American ships. There
se engaged in the foreign trade on the ground that the for- was no dispute or discussion in the committee about the
< ' were engaged in domestic business, and that our policy, as principle that if our coastwise ships were allowed to go through
he policy of nearly all countries, was to permit none but the canal free of toll then we should also allow American ships
erican vessels to engage in that trade, and that our dis- engaged in the foreign trade to go through free of toll, though
: nination was not for American vessels, but for the coastwise there was on the part of two members of the committee— and
de itself. When we come to the proposition of the foreign I was one of them— a question as to the possible right under
Rude, 1 can not escape the conclusion that we have agreed the treaty of permitting American vessels engaged in the foreign
that our citizens shall pay the same, when taking vessels trade to go through free of toll. As I have already stated, I
through this canal, that the citizens of Great Britain and other have resolved whatever doubt I then had in the matter in favor
countries pay. I f we let our citizens through free, then we of the proposition that permits all American ships to go through
must let everybody through free covered by this treaty.
free of toll, the proposition that is embodied in the amendment
W e have a treaty with Great Britain that provides that dis that we are now discussing. I think that if we should allow
putes with reference to treaties shall be submitted to arbi free passage to one class, we should allow it to the other class,
tration, and I think, if we vote for this amendment, we ought and if this amendment is voted down, like the Senator from
to do it with the distinct understanding that we are going to Kansas [Mr. B ristow ], I shall be in favor of reconsidering the
return any tolls to be collected from the vessels of other coun vote by which the word “ exclusively ” was inserted last night,
tries. I am not discussing the wisdom of such an agreement, and shall advocate striking out that word.
Mr. McCUMBER. Mr. President, I suggest the absence of a
but it has been made. It is the contract that our Government
quorum.
has made.
The PR E SID E N T pro tempore. The Senator from North
Mr. B R IS T O W . Mr. President------The P R E SID E N T pro tempore. Does the Senator from Dakota suggests the absence of a quorum. The Secretary will
call the roll.
Georgia yield to the Senator from Kansas?
The Secretary called the roll, and the following Senators an
Mr. SM ITH of Georgia. Certainly.
Mr. B R IS T O W . O f course, the Senator understands that swered to their nam es:
there are a great many of us who disagree with him wholly and Bacon
Cullom
McCumber
Root
Cummins
McLean
Simmons
totally as to such a contract having been made. I want to put Bailey
Dillingham
Bourne
Martin, Va.
Smith, Ga.
that in the R ecord, because the statement is made with such Bradley
du Pont
Martine, N. J.
Smith, Md.
Fall
emphasis by those who hold the view that the Senator does— Brandegee
Massey
Smoot
Fletcher
Myers
that this is a binding contract— and it is stated in such a way Bristow
Sutherland
Bryan
Gallinger
O ’Gorman
Swanson
as to lead one to infer that it is admitted to be a binding con Burnham
Gronna
Oliver
Thornton
tract. For myself, I have not discussed this question; it has Burton
Johnson, Me.
Overman
Townsend
Johnston, Ala.
Page
been discussed at very great length and very ably by other Catron
Wetmore
Clapp
Jones
Perkins
W illiam s
Senators who are far more able to discuss it than I, but I do Clark, W yo.
Kenyon
Poindexter
not believe that any such agreement was ever made that em Crane
La Follette
Pomerene
Lippitt
Reed
barrasses us in the slightest degree in permitting our ships to Culberson
go through the canal without the payment of tolls.
Mr. C LAR K of Wyoming. My colleague [Mr. W arren ] is
Mr. SM ITH of Georgia. Mr. President, I never suggested absent on the business of the Senate.
that the Senator from Kansas had the view which I entertain.
Mr. W IL L IA M S . My colleague .[Mr. P ercy ] is unavoidably
I understand that he does not entertain that v ie w ; but, with absent upon n i ^ m r r Imsiness. He is ’ paired. I ask that this
great respect for his ability and his genius as a journalist and a statement^feaffd for the day.
legislator, I can not escape my own conclusion as to the legal
j l ^ M IA D L E Y .
VI
I desire to state that the Senator from
effect of the terms of the treaty; and I have not a doubt about A lc o n a [Mr. A sh u r st ] is unavoidably absent.
their meaning. I f I were on the court of arbitration, with my
The P R E SID E N T pro tempore. Fifty-three Senator’s have
convictions as to their meaning, I could not escape holding that responded to their names. There is a quorum of the Senate
if we let our vessels engaged in the foreign trade through th
present.
canal free, we would have to return tolls collected from vess
The question is on the adoption of the amendment which has
of other nations engaged in the foreign trade. Having a r r i# d already been stated; and upon that the Senator from North
at that conviction after most careful consideration of Jthe Dakota has demanded the yeas and nays.
treaty, with a desire to reach a different conclusion, with a
Mr. CULBERSON. W hat is the amendment?
provision in an existing treaty that we must arbitrate any dis
The P R E SID E N T pro tempore. The Secretary will again
pute growing out of the construction of a treaty, if the ques state the amendment, giving the line and page.
tion is raised, after we adopt the Senate amendment and after
The Secretary. On page 6, line 25, after the words ' mnewe have charged tolls against English vessels, as to ivhether teen hundred and three,” insert:
we should retain or return those tolls, I have no question that
No tolls shall be levied upon vessels of American registry engaged
the decision would be that we should return them; If I in the foreign trade if the owners agree that such vessels may be taken
myself were on the board of arbitration at that time I would by the United States in time of war or other public emergency, in the
be obliged to vote that the money should be returned; and I discretion of the President, upon payment to the owners of the fair
actual value at the time of the ta k in g ; and if there shall be a disagree
have no doubt that it will be returned.
ment as to the fair actual value of the same at the time of the taking
I had not wished to express my opinion with reference to between the United States and the owners, then the same shall be de^
this part of the treaty upon the lloor of the Senate, because termined by two disinterested appraisers, one to be appointed by each
said parties, they at the
that opinion was against the interest of our own Government, of the said appraisement in case same time selecting a third, who shall
act in
the two fail to agree; and the'decision
but when I see a measure apparently possible of adoption, of any two of the appraisers shall be final and conclusive.
the effect of which to me is so absolutely certain upon ( V
•7
K . The PR E SID E N T pro tempore. The question is on the adopcountry, I think it better now frankly to express the
opniion n??Tro£.Uie amendment which has iust been sia.UM.-and nff wiTTm,
than silently to sit by without doing so.
___,
the Senator- from Nrrrfti T i n i t h t deniiinded the yeas and
I am opposed to giving free passage through the canal in
nays.
any event. I do not think it good policy. It is a very different
The yeas and nays were ordered, and the Secretary proceeded
proposition to extend free passage to the domestic trade and to
to call the roll.
broaden it to the foreign trade. The remission of tolls to
Mr. C LARK of Wyoming (when his name was called). I
ships in the domestic trade helps to regulate our transcon
have a general pair with the senior Senator from Missouri
tinental transportation by railroads; it benefits a far greater
[Mr. Stone ]. In the absence of that Senator, I withhold my
number of our people than would a like exemption in the case vote. I f I were permitted to vote, I should vote “ yea.”
of the foreign trade. The number who derive the benefit is
Mr. CULLOM (when his name was called). I have a pair
much less in the case of foreign trade. I do not, however, put
it especially upon that ground; I put it especially upon the with the junior Senator from W est Virginia [Mr. C h il t o n ]
ground that I do not doubt the effect of such a course with ref I transfer it to the senior Senator from South Dakota [Mr
erence to the final return of every dollar of tolls we collect G am ble ], and will vote. I vote “ yea.”
Mr. L IP P IT T (when his name was called). I again an
from the vessels of other countries.
Mr. TH ORNTON. Mr. President, in the committee the line of nounce my pair. I f I were in a position to vote, I should vote
“ yea.”
cleavage was not between those who favored free passage for
Mr. M cCUMBER (when his name was called). I announce
American ships engaged in the coastwise trade and did not
favor free passage for American ships engaged in the foreign my pair with the senior Senator from Mississippi [Mr. P ercy ]
trade, but the line of cleavage was between those who were op but understanding he would vote the same as I would on this
posed to free passage for any American ships and those who question, I take occasion to vote. I vote “ nay.”
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
10448
Mr. REED (when liis name was called). I have a pair with
the Senator from Michigan [M r S m it h ]. Upon this matter I
have the authority o f the Senator with whom I am paired to
vote, because we agree upon the proposition. I vote “ yea.”
Mr. TOWNSEND (when the name o f Mr. S m it h o f Michigan
was called). My colleague is necessarily absent from the city.
He is paired as the Senator from Missouri [Mr. R eed] has
stated. I f my colleague were present and at liberty to vote,
he would vote “ yea.”
Mr. OVERMAN (when the name o f Mr. S m it h o f South
Carolina was called). I have been requested to announce that
the Senator from South Carolina [Mr. S m it h ] has been sud
denly called away by important matters, and is paired with the
Senator from Delaware [Mr. R ich ardson ].
Mr. SUTHERLAND (when his name was called). I again
announce m y pair with the Senator from Maryland [Mr. R a y n e r ], and withhold my vote on account o f his absence.
Mr. CLARK o f Wyoming (when Mr. W arren ’ s name was
called). My colleague [Mr. W arren ] is absent on business of
the Senate. He is paired with the Senator from Louisiana [Mr.
F oster ].
Mr. W ILLIAM S (when his name was called). I have a pair
with the Senator from Pennsylvania [Mr. P enrose ], I trans
fer the pair to the Senator from Nebraska [Mr. H itc h c o c k ]
and will vote. I vote “ nay.”
The roll call w as concluded.
Mr. HEYBURN (after having voted in the affirmative). I
inquire if the senior Senator from Alabama [Mr. B a n k h e a d ]
has voted?
The PRESID EN T pro tempore. The Chair is informed that
he has not.
Mr. HEYBURN. Then, having a pair with that Senator, I
withdraw my vote.
The result was announced— yeas 37, nays 24, as follow s:
Ashurst
Bourne
Bradley
Brandegee
Bristow
Burnham
Chamberlain
Clapp
Clark, Wyo.
Crane
Y E A S— 37.
Martine, N. J.
Crawford
Cullom
Massey
O’Gorman
Cummins
Fletcher
Oliver
Gallinger
Perkins
Poindexter
.Tohnston, Ala.
Reed
Jones
Kenyon
Sanders
Simmons
Kern
Smith, Ariz.
Lodge
Bacon
Bryan
Burton
Catron
Culberson
Dillingham
N AYS— 24.
Martin, Va.
du Pont
Myers
Fall
Newiands
Gronna
Overman
Johnson, Me.
Page
McCumber
Pomerene
McLean
Bailey
Bankhead
Borah
Briggs
Brown
Chilton
Clarke, Ark.
Curtis
Davis
NOT VOTING— 33.
Lea
Dixon
Lippitt
Foster
Nelson
Gamble
Owen
Gardner
Paynter
Gore
Penrose
Guggenheim
Percy
Heyburn
Raynor
Hitchcock
Richardson
La Follette
Smoot
Stone
Thornton
Tillman
Townsend
Wetmore
Works
Root
Shively
Smith, Ga.
Smith. Md.
Swanson
Williams
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Warren
Watson
A ugust 8,
rifled cannon of a caliber of not less than G inches, and shall be of the
highest rating known to maritime commerce; and all such ships before
being accepted shall be subjected to the same inspection as is provider!
in the act of March 3, 1891.
uea
Tbe PRESIDEN T pro tempore. The question is on the adop
tion o f the amendment offered by the Senator from New Hamp
shire, which has just been read.
The amendment was agreed to.
The Secretary . The next amendment o f the committee is on
page S-----Mr. BRANDEGEE. Before we get to that, Mr. President
Prof. Johnson has suggested that in line 24, at the bottom of
page 7, there be stricken out the language:
The toll for each passenger shall not be more than $1.50.
I submit that to the Senate. I do not know why there should
be any limit on the matter. I do not know why the tolls should
not be fixed by the President the same as the toll on the vessel
is fixed. I move that the language I have read be stricken out
in lines 24 and 25
The PRESIDEN T pro tempore. The amendment will be
stated.
The S ecretary . On page 7, lines 24 and 25, strike out the
w ord s:
The toll for each passenger shall not be more than $1.50.
Mr. REED. Mr. President, I think the Senate ought to have
some better reason for changing the House bill than that some
one man says the provision ought not to be contained in the
bill, and gives no reason for if.
Mr. BRANDEGEE. I gave the reason that influenced me in
it, which was that I did not see any reason why there should be
a limit and why it should not be left to the discretion o f those
who are to fix the passenger tolls. It is perfectly immaterial
to me whether it stays in or goes out.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment striking out the words which have been read.
The amendment was agreed to.
The PRESIDENT pro tempore. The Secretary will report
the next committee amendment.
Mr. BRISTOW . Mr. President, I want to call the attention
o f the chairman o f the committee to the language in line 2 2 ,
page 7, after the word “ determined ” :
Nor be less than the estimated proportionate cost of the actual main
tenance and operation of the canal.
That is so indefinite that it seems to me it ought to be stricken
out. It did not receive the attention o f the committee. It has
been called to my attention since we have had the bill in the
Senate. It might be $5 a ton or 50 cents a ton. There is no
way of determining what it w ill be.
Mr. BRANDEGEE. I have noticed that right along. It is
in the House bill. I think it is a cumbersome provision, and I
do not see how they could tell what “ the estimated proportion
ate cost o f the actual maintenance and operation o f the canal ”
is until it has been operated, say, for a year, to find what is
the total cost and then divide it by the total tonnage o f the
vessels that go through the canal. I think it would be imprac
ticable for the first year, anyhow, and I have no objection to
the words going out.
Mr. BRISTOW . Striking it out will throw it into confer
ence, and if there is any reason for inserting it again, it can
be restored. I move that the words in lines 22, 23, and 24 be
stricken out, as fo llo w s:
So the amendment was agreed to.
Mr. GALLINGER. Mr. President, a few minutes ago I sug
gested an amendment, calling the attention o f the Senator from
Nor be less than the estimated proportionate cost of the actual main
Mississippi to it, and it was agreed that I should perfect it in
accordance with the act o f March 3, 1891. I have done so, and tenance and operation of the canal.
I now offer the amendment to follow the amendment that was
The PRESIDEN T pro tempore. The question is on the
adopted on motion o f the Senator from Mississippi.
adoption of the amendment striking out the words indicated
Mr. W ILLIAM S. I understand that in the wording o f the by the Senator from Kansas.
amendment the Senator from New Hampshire has used the
Mr. REED. Mr. President, it seems to me there ought to be
exact language o f the act o f Congress, and the effect o f it will some limitation on these tolls. Now this proposition is to strike
be simply to place ships flying the American flag that were built out the clause which proposes that the tolls must be equal to
in foreign shipyards upon an exact and equal footing with the cost o f maintenance and operation. There can be but one
ships flying the American flag built in American shipyards?
purpose in striking it out, and that is to operate this canal
Mr. GALLINGER. I have used the exact language.
at a dead loss to our Government. It does seem to me that
Mr. W ILLIAM S. That being the case, I have no objection.
it is only a reasonable limitation that we shall get sufficient
The PRESIDENT pro tempore. The Secretary will state the revenue to pay for the maintenance and upkeep o f the canal,
amendment proposed by the Senator from New Hampshire.
and while it may be said that the President would not go
The Secretary. It is proposed to add, after the amendment below that, wbat is wrong about the Congress saying he shall
offered by the Senator from Mississippi, and which has been not?
agreed to, on page G in line 14, after the word “ United States,”
,
Mr. BRISTOW . I f the Senator understood my remarks
when I suggested the amendment. I said there is no way of
the following w ord s:
Provided further, That foreign-built ships admitted pursuant to this
determining what that amount would be. I f the Senator thinks
section shall not be entitled to mail contracts under the act of March
there ought to be a minimum, if he will suggest a minimum,
3, 1891, entitled “An act to provide for ocean mail service between the
United States and foreign ports, and to promote commerce,” unless such we might put in a minimum there. This is so vague and in
ships shall be constructed with particular reference to prompt and definite that there is no way o f determining what it is.
economical conversion into auxiliary naval cruisers, according to plans
Mr. REED. O f course, these words would have to receive
and specifications to be agreed upon by and between the owners and the
Secretary of the Navy, and shall be of sufficient strength and stability a reasonable interpretation in view o f the circumstances. Now,
to carry and sustain the working and operation of at least four effective what are they? W e have a canal upon our hands, and we are
1912.
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
Mr. PERKIN S. I w ill state that for 40 years and more I
have been a member o f the Chamber o f Commerce o f San Fran
cisco, and twice its president. I am personally acquainted with
many o f the tirms and individuals who signed the dispatches,
and I say w ithout reservation that they are gentlemen o f the
highest character and are men o f integrity and reliability. I
do not believe any one o f them would sign a telegram or a peti
tion or be improperly influenced by any selflsh interest. There
is no question as to the standing and reliability o f the gentle
men signing the telegrams.'
Mr. BRANDEGEE. And yet it is claimed that the voting
membership o f the chamber o f commerce has been intimidated
by Mr. Schwerin to state what is false.
Mr. CH AM BERLAIN. Mr. President-----Mr. BRANDEGEE. I can not yield at this time. I have only
a h alf a minute, which I want to use myself.
I ask to insert in the R ecord the report o f the House Commit
tee on the Merchant Marine and Fisheries, as showing that the
real danger o f throttling competition through the canal is not
from the steamboats owned by railroads, but is from the fo r
eign steamships controlled by rings, combines, pools, and con
ferences.
The report is as fo llo w s :
[House Report No. G32, Sixty-second Congress, second session.]
AMERICAN TRADE AND FOREIGN SHIPPING MONOPOLIES.
Mr. H u m p h r e y of Washington, from the Committee on the Merchant
Marine and Fisheries, submitted the following report ter accompany
JEl. I t . 2 8 1 i O .
10583
number of vessels that each company shall run. They agree as to
the amount of traffic that each line shall carry. They combine to
drive out any independent lines. To do this they designate what
they call “ fighting ’ ships, and these ships are run over the same
course on practically the same schedule as tiie independent vessels
with instructions to cut rates to any extent necessary to drive the
independent line out of business. When this is accomplished the loss
sustained is divided among the lines in the combine.
These foreign steamship monopolies also largely dictate the ports of
this country through w'hich both freight and passenger traffic shall pas^
They also largely control railroad rates in this country, both freight and
passenger. Our railroad agents are instructed that they will receive no
commission on the sale of passenger tickets from interior points in
Europe unless that ticket reads over one of the conference lines of
steamships.
These foreign monopolies also practice the rebate system in all its
iniquitous and devious ways. The rate that every ton of freight and
every passenger must pay to cross the Atlantic Ocean is fixed by writ
ten agreement made in advance in Europe. In the fixing of these rates
American interests are not considered.
Only the interests of the for
eign steamship lines are represented.
The foreign steamship combinations carrying our over-sea trade are
the most complete monopolies in the world.
Being monopolies their
rates are unjust and oppressive. The rates between this country and
Europe and between this country and South America are exorbitant and
far higher than a fair compensation for the services performed. These
combines annually unjustly levy millions upon American commerce. To
a great extent they have destroyed our foreign trade, not only by ex
orbitant freight rates, but by discriminating against us in all the ports
of the world in favor of the products of their own country. These lines
admit all the charges that have been made against them— that they are
in combination to suppress competition ; to fix rates ; to increase their
earnings; to advance the commercial interests of the nation whose flag
they fly. They admit that they openly violate our law. Their answer
to these charges is that what they do is legal in their own country ;
that they do not believe in the laws of our country or have any respect
for them, and they ask this question : “ W e are foreign ships belonging
to foreign corporations and owe allegiance to a foreign government
and if we do not choose to obey your laws, what are you going to do
about it? ”
This bill is answer to this impudent and defiant question.
This
country will not have one law for our own people and another for the
foreigner that does business in this country. We are to-day in a most
humiliating condition. Our ships have practically disappeared from the
sea. Our commerce is at the mercy of foreigners.
They dictate the
terms upon which it is carried and openly violate our laws. It is not
conceivable that this Government stands helpless before this giant
foreign monopoly.
It is the unanimous report of the committee that the bill do pass.
The Sherman antitrust law invests the several courts of the United
States with jurisdiction to prevent and restrain violations of the act,
and the Supreme Court has given very broad construction to this en
actment.
In the Northern Securities case (193 U. S., 197) Justice
Harlan, in writing the opinion of the court, said :
“ If there was a combination or conspiracy in violation of the act of
Congress between the stockholders of the Great Northern and the North
ern Pacific Railway Cos., whereby the Northern Securities Co. was
formed as a holding corporation, and whereby interstate commerce over
the lines of the constituent companies was restrained, it must follow
that the court, in execution of that act and to defeat the efforts to
evade it, could prohibit the parties to the combination from doing the
specific things which, being done, would affect the result denounced by
the act. To say that the court could not go so far is to say that it is
powerless to enforce the act or to suppress the illegal combination, and
powerless to protect the rights of the public as against that combina
tion.”
(Pp. 3 5 0 -3 5 7 .)
In the case of United States v. American Tobacco Co. the court
held that in order to enable it to award relief coterminous with the
ultimate redress of the wrongs which it found to exist it must approach
the subject of relief from an original point of view, and stated that—
“ W e might at once resort to one or the other of the two general
remedies— (a) the allowance of a permanent injunction restraining
the combination as a universality and all the individuals and cor
porations which form a part of or cooperate in it in any manner or
form from continuing to engage in interstate commerce until the
illegal situation be cured, a measure of relief which would accord in
substantial effect with that awarded below to the extent that the
court found illegal combinations to e x ist; or (b) to direct the appoint
ment of a receiver to take charge of the assets and property in this
country of the combination in all its ramifications for the purpose
of preventing a continued violation of the law, and thus working out
by a sale of the property of the combination or otherwise, a condition
of things which would not he repugnant to the prohibitions of the act.”
(221 U. S., pp. 1 8 6 -1 8 7 .)
. . . ,
, ,
Nevertheless for the reasons stated in the opinion, the court re
manded the case to the circuit court for the purpose of working out
a plan or method of dissolving the combination before the court in
that case and of recreating out of the elements composing it a new
condition honestly in harmony with and not repugnant to the law.
In the equity suits brought by the Attorney General against the
North Atlantic shipping pool and the Asiatic shipping pools, respec
tively, the prayer for relief, among other things, asked the court to
adjudge the combination to be illegal and to enjoin the ships employed
in the combination from making clearance at the ports of the United
States until such combination shall be dissolved. There seems to
be no doubt of the power of the Federal courts under the act, as
construed by the Supreme Court, to award such relief, if it shall
deem it necessary, in order to accomplish the ends of justice, but
such relief would be secured under the existing law only by way of
Injunction against the owners of the ship from making entry or
applying for clearance, whereas there is no distinct prohibition against,
the officials of the United States acting upon such applications, jp
order to make it perfectly clear that in case of an adjudication that
an unlawful combination of shipowners exists in violation of the
Sherman antitrust lawr, a dissolution of that combination may /b e
effectually secured by prohibiting all entry and clearance privileges
until the combination is dissolved. This bill makes it u n law fu l/for
such vessel or vessels to so enter or clear until the court shall/find
that the unlawful combination has been dissolved and imposes a
penalty upon the vessel which makes entry or clearance in vicaation
of the provisions of such decree. It also authorizes and directs the
Postmaster General to cancel any contract for carrying thej ocean
mails upon satisfactory evidence to him that any vessel perfl>rming
such service under such contract at the time of performing service is
owned, operated, or controlled by any party to such unlawfi|l com-
on said day the Senate will proceed, without further debate, to voi*
upon any amendment that may be pending to the bill, any amendments
that may be offered, and upon the bill itself— through the regular nnr
liamentary stages— to its final disposition.
‘Jdr'
blIT h e°act therefore, makes more effectual the remedies for violation
of the law and will tend to compel foreign shipowners to re|pect a
law which they are now systematically violating.
1
It is a matter of common knowledge that more than 90 per fent of
the over-sea trade of this country is carried by foreign ships that
belong to rings, pools, conferences, ^and combines.
Between these
ships there is absolutely no competition.
Each conference or icom bine is a complete monopoly. Freight and passenger rates are fixed
by agreement
The lines in these combines distribute the busufess,
pool their earnings, and divide their profits.
They agree as to the
The PRE SID EN T pro tempore. The pending amendment
will be read by the Secretary.
The S ecretary . The pending amendment is the amendment
offered b y the junior Senator from Georgia [Mr. S m i t h ] , ’ on
page 19, line 22, after the words “ carrier by water,” to insert
operated through the Panama Canal.”
The PRE SID EN T pro tempore. The question is on the adop
tion o f the amendment ju st read.
'
. -
Mr. CH AM BERLAIN. I desire to make a parliamentary in
quiry.
The PR E SID E N T pro tempore. The Senator from Connecti
cut declines to yield.
Mr. CH AM BERLAIN. I desire to present a request for a
unanimous-consent agreement, and I desire to present it now.
Mr. BRANDEGEE. I make the point o f order that under the
unanimous-consent agreement no business can intervene at this
time.
The PR E SID E N T pro tempore. The Chair is bound to sus
tain the point o f order.
Mr. W ORKS. Mr. President, in view o f the vote that I ex
pect to cast on one or two o f these amendments, I think I
should explain my position somewhat.
I have declared for the principle that no railroad company
should be allowed to own any stock in or have any control over
a steamship line. I have been convinced, however, from what
has been said here, particularly by the attitude o f Senators who
represent one section o f the country, that it is perhaps unwise
to undertake to enforce that rule to its f u l l ,extent in legislating
upon the matter o f the Panama Canal. For that reason I shah
favor the amendment that is offered here to confine this legis
lation in this respect to steamers passing through the canal, in
view o f the fact o f the disturbance it may bring about in New
England and in conditions there, when all the representatives
o f that section o f the country say they do not desire that any
disturbance should result from any legislation at this time, and
with the fact in view that there has not been such consideration
o f conditions there as I think ought to be had before legislating
upon this subject to that extent.
The P R E SID E N T pro tempore. The hour o f 5 o’clock having
arrived, the Chair w ill have the Secretary read the consent
order to be execute" at this time.
The Secretary read as follow s:
It Is agreed by unanimous consent that on Friday, August 9
•______ T
V
c n n c ln c in n
of
th e
r o u tin e
r n n r n im r
___’
1910
*
10583
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Mr. REED. I desire to have the amendment again read.
There was some confusion' in the Chamber.
The PRESID EN T pro tempore. The Secretary w ill again
read the amendment.
. The Secretary again read the amendment.
Mr. LA FOLLETTE. I ask for a roll call on agreeing to the
amendment.
The PRESID EN T pro tempore. The Senator from Wisconsin
demands the yeas and nays on the adoption o f the amendment.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. W ATSON (when Mr. C h il t o n ’ s name was called). My
colleague [Mr. C h il t o n ] is absent on account o f personal 111pess. He is, however, paired with the Senator from Illinois
[M r. C u l l o m ].
Mr. CULLOM (when his name was called). I haire a gen
eral pair with the junior Senator from West Virginia [Mr.
C hilton ]. I have transferred that pair to the senior Senator
from South Dakota [Mr. G a m bl e ], and I vote “ yea.” ;
Mr. JOHNSON o f Maine (when Mr. G ardner ’ s name was
called). My colleague [Mr. G ardner ] is necessarily absent.
I f present, he would vote “ yea.”
•Mr. L IP P IT T (when his name was called). I have a- gen
eral pair with the senior Senator from Tennessee [Mr. L^ a ],
but I have an agreement with him that on all questions con
nected with section 1 1 that affect the coastwise trade I m
be released from that pair. So I w ill vote. I vote “ yea.
Mr. REED (when his name was called). I vote “ nay.” I
wish to say by way o f explanation that I have a pair with the
Senator from Michigan [Mr. S m i t h ], but as I interpret his
instructions I am at liberty to vote upon this question. As I
understand his instructions, he would vote as I do if he were
present.
Mr. TOWNSEND. I f I may be permitted, the memorandum
the Senator has is one I prepared and handed to him. I wash
to say, to correct any misunderstanding about the views o f
my colleague, that the senior Senator from Michigan would
vote “ yea ” on this proposition. I did not understand how the
Senator from Missouri would vote.
Mr. REED. I voted “ nay.” I so interpreted the language
o f the document the Senator from Michigan [Mr. T o w n sen d ]
handed me and so interpreted my talk with the Senator from
Michigan. However, if there is any doubt whatever in regard
to it, I, o f course, will take the construction o f the colleague of
the Senator with whom I am paired. I will withdraw my
vote and transfer my pair to the Senator from Nebraska [Mr.
H i t c h c o c k | and vote “ nay.”
Mi\ DU PONT (when Mr. R ich ardson ’ s name was called).
My colleague [Mr. R ich ardson ] is absent from the city. He
is paired with the junior Senator from South Carolina [Mr.
S m it h ], I f my colleague were present and free to vote, he
would vote “ yea.”
Mr. TOWNSEND (when the name o f Mr. S m it h o f Michigan
was called). My colleague [Mr. S m i t h ] is unavoidably absent
from the city. I can state with a good deal o f confidence that
he instructed me to say that he would vote “ yea ” on this prop
osition if here. Although he did not expect it to come up in
just this form, he is in favor o f relieving boats other than those
going through the Panama Canal from restrictions.
Mr. OVERMAN (when the name o f Mr. S m it h o f South
Carolina was called). I was requested to announce that the
Senator from South Carolina [Mr. S m it h ] is unavoidably ab
sent, and that he is paired with the Senator from Delaware
[Mr. R ich ard so n ].
Mr. SMOOT (when Mr. S tephenson ’ s name was called).
The junior senator from Wisconsin [Mr. Stephenson ] is de
tained from the city. He has a general pair with the Senator
from Oklahoma [Mr. G ore]. I f the junior Senator from W is
consin were present, he would vote “ yea.”
Mr. SUTHERLAND (when his name was called). I am
paired with the Senator from Maryland [Mr. R a y n e r ]. In his
absence I withhold my vote.
Mr. WATSON (when his name was called). I have a gen
eral pair with the senior Senator from New Jersey [Mr.
B riggs ]. In his absence I refrain from voting.
The roll call was concluded.
Mr. CHAMBERLAIN. I desire to announce a general pair
between the senior Senator from Nebraska [Mr. B r o w n ] and
the senior Senator from Oklahoma [Mr. O w e n ], I make this
announcement for the day.
Mr. LODGE. I desire too announce the following pairs:
The Senator from Nebraska [Mr. B ro w n ] is paired w ith the
Senator from Oklahoma [Mr. O w e n ] ;
The Senator from Kansas [Mr. C u r t is ] is paired with the
Senator from Arkansas [Mr. D a v is ] ; and
A ugust 9
w
ith
The Senator from Colorado [Mr. G u g g en h e im ]
the Senator from Kentucky [Mr. P a y n t e r ].
a*
.
Mr. SHIVELY. I desire to announce that my colleague [M r,
K ern] is unavoidably absent from the Chamber.
The result was announced—yeas 49, nays 18, as follow s: \
y e a s — 49.
du Pont
Myers
Fall
Nelson
Gallinger
Oliver
Ileyburn
Overpian
Johnson, Me.
Page
Johnston, Ala.
Penrose
Jones
Perkins
Lippitt
Pomerene
Lodge
Root
McCumber
Sanders
McLean
Simmons
Martin, Va.
Smith, Ariz.
Massey
Smith, Ga.
N AYS— 18.
Clapp
Kenyon
Crawford
La Follette
Culberson
Newlands
Fletcher
O’Gorman Gronna
Poindexter
NOT VO TIN G — 27.
Dixon
Kern
Foster
Lea
Gamble
Martine, N. i
Gardner
Owen
Gore
Paynter
Guggenheim
Percy
Hitchcock
Rayner
Bacon
Bankhead
Bourne
Bradley
Brandcgee
Burnham
Burton
Catron
Clark, Wyo.
Crane
Cullom
Cummins
Dillingham
Ashurst
Borah
Bristow
Bryan
Chamberlain
Bailey
Briggs
Brown
Chilton
Clarke, Ark.
Curtis
Davis
Smith, Aid.
Smoot
Stone
Thornton
Tillman
Townsend
Warren
Wetmore
Williams
Works
Reed
Shively
.Swanson
Richardson
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Watson
So the amendment o f Mr. S m ith o f Georgia was agreed to
Mr. REED, Mr. BOURNE, and Mr. NEWLANDS addressed
the Chair.
The PRESIDEN T pro tempore. The Chair w ill state that
the question is now upon the adoption o f the amendment pro
posed by the committee, striking out the section which has just
been amended and inserting the substitute proposed by the com
mittee. I f Senators have amendments to the section, they are
now in order; otherwise they are not.
Mr. REED. I desire to offer an amendment to the section we
have just been amending.
The PRESID EN T pro tempore. That is right. The Senator
is in order for that purpose. The Chair has just so stated.
Mr. SM ITH o f Georgia. I should like to suggest-djiat the
Senator from Oregon send to the desk, also to be read^sm
amendment which he intends to offer to the section, so that
may have the benefit o f it.
Mr. GALLINGER and others. One at a time.
The PRESIDEN T pro tempore. The amendment which has
been offered by the Senator from Missouri w ill be read.
The Secretary. On page 20, line 17, after the word “ final,”
insert the follow ing:
No ship engaged in or permitted by the terms of this act to engage
in the coastwise trade of the United States shall be permitted to
enter or pass through said canal if such ship is owned, chartered
operated, or controlled by any person or company which is doing
business in violation of the provisions of the act of Congress ap
proved July 2, 1890, entitled “ An act to protect trade and commerce
“ nl
rp cfp n in fc
nnri
in m ion n lioc ”
r»u
tho
r\i^r\xrio
~
H R I
Gov.
ernment, and for other purposes,” or the provisions of any other act
of Congress amending or supplementing the said act of July 2, 1890
or said sections of the act of August 27, 1894. The question of fact
may be determined by the Interstate Commerce Commission upon its
own motion or upon complaint filed by any shipper, jurisdiction being
hereby conferred to hear and determine such question, or by the judg
ment of any court of the United States of competent jurisdiction
in any case pending before it to which the owners or operators of
such ship are parties.
The PRESIDEN T pro tempore. The question is on the
adoption of the amendment.
Mr. REED. Upon that I ask for the yeas and nays.
Mr. SIMMONS. I think the Senator from Missouri ought
to give us a short explanation o f the amendment.
Mr. GALLINGER and others. No debate.
The PRESID EN T pro tempore. That is not in order. Noth
ing is in order except to vote.
Mr. REED. I wish to modify the proposition by inserting
after the description o f those acts the words “ commonly known
as the Sherman Antitrust Act and amendments thereto.”
The PRESIDEN T pro tempore. The amendment -will be modi
fied in accordance with the Senator’s suggestion.
Mr. REED. I should like to have it read in that form.
Mr. CRAWFORD. An inquiry. Has this amendment been
printed ?
Mr. REED. The amendment was printed with the exception
o f the last lines. It was, however, intended to be inserted as
printed after the Senate committee amendment. But the body
o f the amendment has been printed.
Mr. SIMMONS. I ask that it be read again.
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
1912.
1
The PRE SID EN T pro tempore. The Secretary w ill read the
amendment as it has been modified by the Senator from Mis
souri.
The Secretary read the amendment as modified, as fo llo w s:
No ship engaged in or permitted by the terms of this act to engage
in the coastwise trade of the United States shall be permitted to enter
or pass through said canal if such ship is owned, chartered, operated,
or controlled by any person or company which is doing business in vio
lation of the provisions of the act of Congress approved July 2, 1890,
entitled “ An act to protect trade and commerce against unlawful re
straints and monopolies,” or the provisions of sections 73 to 77, both
inclusive, of an act approved August 27, 1894, entitled “ A n act to
reduce taxation, to provide revenue for the Government, and for other
purposes,” or the provisions of any other act of Congress amending or
supplementing the said act of July 2, 1890, or said sections of the act
of August 27, 1894, commonly known as the Sherman Antitrust Act and
amendments thereto.
The question of fact may be determined by the
- Interstate Commerce Commission upon its own motion or upon complaint
filed by any shipper, jurisdiction being hereby conferred to hear and
determine such question, or by the judgment of any court of the United
States of competent jurisdiction, in any case' pending before it to which
the owners or operators of such ship are parties.
Mr. REED . I want the privilege o f amending the amendment
further. [A pause.] Now let the last two lines be read.
The PRE SID EN T pro tempore. The Secretary w ill read as
requested.
The S ecretary. The amendment is modified so that the last
clause w ill read:
The question of fact may he determined by the judgment of any court
of the United States of competent jurisdiction in any cause pending
before it to which the owners or operators of such ship are parties.
.« ti»‘
pfr
r
,& * >
t**S
tD<*8
5 ^ ' I
V
>r,s
5
Bankhead
Bradley
Bryau
Burnham
Burton
Catron
Clark, W yo.
Crane
Culiom
Dillingham
du Pont
Fall
Fletcher
Gallinger
Bailey
Briggs
Biow n
Chilton
Clarke, Ark.
Cfirtis
Davis,
Dixon
0585
N A Y S — 28.
Heyburn
Johnston, Ala.
Lodge
McLean
Massey
Oliver
Page
Foster
Gamble
Gardner
Gore
Guggenheim
Hitchcock
Kern
Lea
Penrose
Root
Sanders
Smoot
Warren
Wetmore
Works
NOT V O T IN G — 31.
Lippitt
MeCumber
Martine, N. J.
Owen
Paynter
Percy
Rayner
Richardson
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
W atson
So Mr. R eed’ s amendment as modified wr agreed to.
as
Mr. NEW LANDS. I offer the amendment, which I send to
the desk, which is acceptable to the chairman o £ the committee.
The P R E S ID E N T pro tempore. Is it ah'am endm ent to the
pending section?
Mr. NEW LANDS. It is an amendment to section 4.
The PR E SID E N T pro tempore. Then the amendment is not
now in order.
Mr. NEW LANDS. Then I withdraw it.
The PRE SID E N T pro tempore. The amendment is w ith
drawn.
Mr. FALL. Mr. President, I desire to offer an amendment
to the amendment which has ju st been adopted.
The PRE SID EN T pro tempore. It is too late to offer an
amendment to that amendment. The amendment can be offered
as an independent amendment to the section as amended.
Mr. FALL. I offer it as an amendment to the section as
amended.
The PRE SID EN T pro tempore. The amendment proposed
by the Senator from New M exico w ill be stated.
The Secretary. Following the amendment just agreed to, it
is proposed to insert the fo llo w in g :
The PRE SID EN T pro tempore. The question is on the adop
tion o f the amendment o f the Senator from Missouri.
Mr. REED. I ask fo r the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. JOHNSON o f Maine. Mr. President, I should like to have
the amendment again stated as it now reads.
The PR E SID E N T pro tempore. There having been no re
sponse to the roll call, the Secretary w ill again, without objec
tion, read the amendment as modified.
The Secretary again read the amendment as modified.
No ships carrying goods, wares, or merchandise manufactured by
The PRE SID EN T pro tempore. The question is on the adap any person, company, or corporation which is doing business in viola
tion of any of the provisions of either of the acts of Congress referred
tion o f the amendment as modified, on which the yeas and nays to shall he permitted to enter or pass through the canal until such
have been ordered.
ship and cargo shall have been first examined by the proper officials
and a decree of a court of competent jurisdiction shall have been ren
The Secretary proceeded to call the roll.
that the owners of
not violated
of
Mr. CULLOM (when his name was called ). Under the trans dered declaringof either of the acts the ship haveand until afterany de
the provisions
referred to,
a
fer o f my pair heretofore announced I feel at liberty to vote.’. I cision should have been rendered that no portion of such cargo has
been manufactured by any person, corporation, or company violating
vote “ nay.”
Mr. L IP P IT T (w hen his name was called ). The exemption any of the provisions of said acts.
from the obligations o f my pair did not apply to general ques
The PR E SID E N T pro tempore. The question is on agreeing
to the amendment offered by the Senator from New Mexico
tions o f this kind, so I refrain from voting.
Mr. M cCUM BER (when his name was called ). I have a gen [Mr. F a ll ] to the section as amended.
Mr. FALL. On that I ask for the yeas and nays.
eral pair with the senior Senator from Mississippi [Mr. P ercy ].
The yeas and nays were ordered, and the Secretary proceeded
Not knowing how he would vote upon this question, I w ill with
to call the roll.
hold my vote.
Mr. M cCUMBER (when his name was called). I again an
Mr. SM ITH o f Maryland (when his name was called ). Mr.
nounce my pair, but believe that I can make a fair guess as to
President, for want o f sufficient inform ation I decline to vote.
Mr. OVERMAN (when the name o f Mr. S m it h o f South how my pair would vote if he were present, and I w ill take the
Carolina was called ). I w ill ask that the announcement I chance o f voting. I vote “ nay.”
previously made in reference to the Senator from South Caro
Mr. SU TH ERLAND (when his name was called). N otwith
lina [Mr. S m i t h ] and his pair stand for the day.
standing my pair, I think I will take the liberty o f voting upon
Mr. SU TH ERLAND (when his name w as called ). I again this question. I vote “ nay.”
announce my pair with the Senator from M aryland [Mr. R a y The roll call was concluded.
ner ], and on account o f his absence I withhold my vote.
I will
Mr. A SH U R ST (after having voted in the affirm ative). I
let this announcement stand for subsequent votes upon this bill should like to inquire how the Senator from Wisconsin [Mr. L a
during the day.
F ollette] has voted?
Mr. W ATSO N (when his name was called ). I again an
Mr. LA FOLLETTE. I voted “ nay.”
nounce my general pair with the senior Senator from New
Mr. ASH U RST. I desire to change my vote to “ nay.”
Jersey [Mr. B riggs]. On account o f his absence, I withhold
Mr. SH IVELY. I again announce that iny colleague [Mr.
K ern ] is unavoidably and necessarily absent from the Chamber.
my vote.
The roll call w as concluded.
W ere he present he would vote “ nay.” I desire also to have
Mr. REED. I transfer my pair with the senior Senator from this announcement as to his absence stand for the day.
'The result was announced—yeas 0, nays 59, as follow s:
Michigan [Mr. S m i t h ] to the Senator from Nebraska [Mr.
H itchcock ], and will vote, I vote “ yea.”
Y E A S — 0.
Mr. TOW NSEND. I again announce that the senior Senator
N A Y S — 59.
from Michigan [Mr. S m it h ] is unavoidably absent from the
Lodge
Crawford
city, i do not know how he would vote on this question i f he Ashurst
Culberson
MeCumber
Bacon
McLean
Culiom
were present.
J
Bankhead
Cummins
Martin, Va.
Borah
The result was announced— yeas 35, nays 28, as fo llo w s :
Ashurst
paeon
porah
Dourne
Dranclegee
Bristow
Chamberlain
Clapp
Crawford
Y E A S — 35.
Nelson
Culberson
Newlands
Cummins
O’Gorman
Gronna
Overman
Johnson, Me.
Perkins
Jones
Poindexter
Kenyon
Pomerene
La Follette
Reed
Martin, Va.
Shively
Myers
Simnjons
Sm ite, Ariz.
Ston*
Sw aison
Thornton
Tillman
Townsend
Williams
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Catron
Chamberlain
Clapp
Clark, W yo.
Crane
Dillingham
du Pont
Fall
Fletcher
Gronna
Heyburn
Johnson, Me.
Johnston, Ala.
Jones
Kenyon
La Follette
Massey
Myers
Nelson
Newlands
O’Gorman
Oliver
Overman
Page
Penrose
Perkins
Poindexter
Pomerene
Sanders
Shively
Simtnons
Smoot
Stone
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
W illiam s
Works
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
1 05 86
B ailey
Briggs
B row n
B urton
C hilton
Clarke, Ark.
Curtis
D avis
D ixon
NOT
Foster
Ballinger
Gamble
Gardner
Gere
Guggenheim
Hitchcock
Kern
I.ea
TNG— 35.
Lippitt
Martine, N. J.
Owen
Faynter
Percy
Rayner
Reed
Richardson
Root
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Watson
Wetmore
So Mr. F a l l ’ s amendment to the section as amended was re
jected.
Mr. BOURNE. I offer the amendment which I send to the
desk, to follow the amendment adopted on motion o f the Sena
tor from Missouri [Mr. R e e d ] to the same section.
The PRESID EN T jiro tempore. The amendment w ill he
stated.
The S e c r e t a r y . After the amendment just agreed to, at the
end o f line 17, it is proposed to insert the follow in g :
Provided further, That whenever the Interstate Commerce Commis
sion shall find after hearing, either upon complaint or upon its own
motion, that any railroad company engaged in interstate commerce other
than through the Panama Canal owns or has an interest, direct or
indirect, in the ownership of a line of water transportation which if
otherwise owned might compete with any line of railroad owned or
operated by said company and that the effect of such ownership is
injurious to the public, the Interstate Commerce Commission shall re
quire such railroad company to divest itself of Its ownership or in
terest in such water line or shall require such water line to be operated
under such restrictions and regulations as, in the judgment of the
commission, shall be necessary to protect the public interest.
After the making of a finding and order by the Interstate Commerce
Commission under the authority hereby conferred it shall be unlawful
for any railroad company to hold or operate such line of water trans
portation, except as permitted by such order.
The PRESIDENT pro tempore. Tlie question is on agreeing
to the amendment offered by the Senator from Oregon, which
has just been read.
Mr. BOURNE. On that amendment I ask for the yeas and
nays.
The yeas and nays were ordered.
Mr. FLETCHER. Mr. President, I did not catch where
the amendment was to be inserted—whether it was an addition
to the section or an insertion.
Mr. BOURNE. It is to be inserted immediately following
the amendment o f the Senator from Missouri [Mr. R e e d ] just
adopted.
Mr. OVERMAN. I desire to inquire if the amendment has
been printed?
The PRESIDEN T iiro tempore. The Chair is informed that
it has not been printed.
Mr. OVERMAN. Then I ask that it be again stated.
Mr. LA FOLLETTE. I f I understood that amendment cor
rectly, it in effect amends the Sherman Act. I ask to have
it again read.
The PRESIDEN T pro tempore. The Secretary w ill again
read the amendment.
The Secretary again read the amendment o f Mr. B ourne .
Mr. POINDEXTER. A xiarliamentary inquiry.
I should
like to ask the Senator from Oregon-----The PRESIDEN T pro tempore. The Senator from W ash
ington can not ask the Seuator from Oregon. He must ask
the Chair.
Mr. POINDEXTER. I will ask the Chair. Does not this
amendment in effect repeal the act-----The PRESIDEN T pro tempore. The Senator must confine
himself to the rule.
Mr. LODGE and others. Regular ord er!
The PRESIDEN T pro tempore. The Senator must propound
a parliamentary inquiry only.
Mr. PO IND EXTER. I was going to ask as to the effect o f
the amendment.
The PRESIDENT pro tempore. That is not a parliamentary
inquiry.
Mr. OLIVER. Mr. President, I rise to a point o f order.
The PRESIDEN T pro tempore. The Senator will state it.
Mr. OLIVER. W e are considering a bill to provide for the
opening, maintenance, protection, and operation o f the Panama
Canal, and the sanitation and government o f the Canal Zone,
and an amendment is offered expressly excluding vessels passing
through the canal.
The PRESIDENT pro tempore. The Senator must confine
himself strictly to the order o f the Senate.
Mr. OLIVER. I make the point of order that the amendment
is not germane to the subject we are considering and is out of
order.
The PRESID EN T pro tempore. The Chair w ill overrule
the point o f order in order that the Senate may vote upon the
amendment. The question is upon the adoption of the amend
ment offered by the Senator from Oregon, and upon that the
A ugust 9?
yeas and nays have been ordered. The Secretary will call tlm
roll. The Secretary proceeded to call the roll.
Mr. LIP P IT T (when his name was called). On account of
my pair with the senior Senator from Tennessee [Mr. L ea ] j
withhold my vote.
Mr. McCUMBEIt (when his name was called). On account of
my x>air with the senior Senator from Mississippi [Mr. P ercy]
I withhold iny vote.
Mr. WATSON (when his name was called). I again an
nounce my general pair and withhold my vote.
The roll call having been concluded, the result was an
nounced— yeas 36, nays 25, as fo llo w s:
YEAS— 36.
Ashurst
Bacon
Borah
Bourne
Bristow
Bryan
Chamberlain
Clapp
Crawford
Bankhead
Bradley
Brandegee
Burnham
Burton
Catron
Clark, Wyo.
Bailey
Briggs
Brown
Chilton
Clark, Ark.
Culberson
Curtis
Davis
Dixon
Cummins
Fall
Fletcher
Gronna
Johnson, Me.
Jones
Kenyon
La Follette
Lodge
McLean
Myers
Nelson
Newlands
O’Gorman
Overman
Perkins
Poindexter
Pomerene
N AYS— 25.
Martin, Va.
Crane
Cullom
Massey
Oliver
Dillingham
Page
du Pont
Penrose
Gallinger
Heyburn
Sanders
Johnston, Ala.
Smoot
NOT VOTING— 33.
McCumber
Foster
Martine, N. J.
Gamble
Owen
Gardner
Paynter
Gore
Percy
Guggenheim
Rayner
Hitchcock
Kern
Reed
Richardson
Lea
Smith, Md.
Lippitt
Root
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Swanson
Tillman
Townsend
Works
Thornton
Warren
Wetmore
Williams
Smith, Mich.
Smith, S. C.
Stephenson
Stonfc
Sutherland
Watson
So Mr. B ourne ’ s am endm ent w as adopted.
Mr. CUMMINS. I offer an amendment to the House pro
vision.
Tha PRESIDEN T pro tempore. The amendment will be
stated.
The S ecretary'. On page 19, line 23, after the word “ traffic,”
insert “ or any vessel carrying freight or passengers upon said
water route,” so that it will read:
In any common carrier by water operated through the Panama Canal
with which said railroad or other carrier aforesaid does or may com
pete for traffic or any vessel carrying freight or passengers upon said
water route, and in case of the violation of this provision, etc.
The PRESIDEN T pro temiiore. The question is on the adop
tion o f the amendment offered by the Senator from Iowa.
T h e am endm ent w a s agreed to.
Mr. NEWLANDS. I offer an amendment to be inserted at
the end o f section 4, wdiich, I understand, has the approval of
the chairman o f the committee.
The PRESIDEN T pro tempore. It is not now yi order. The
section under consideration is section 1 1 , and the motion is to
strike out the part o f it which has been read and to insert an
amendment proposed by the committee, and nothing is now in
order except an amendment either to the section as contained in
the House bill or the paragraph which is sought to be inserted
in lieu thereof.
The question now is upon the motion to strike out the pro
vision in the House bill, beginning on page 19, line 10, and ex
tending to the remainder o f that page, and on the succeeding
page 20, from line 1 to 17, inclusive, as it has been amended by
the vote o f the Senate, and to insert in lieu thereof the amendment found on page 2 0 , beginning in line 18 and extending to
line 16, inclusive, on page 2 1 .
Mr. SIMMONS. I did not understand that that was the
motion. I understood that the motion was to strike out, but I
did not know there was a motion to insert matter in lieu of the
matter to be stricken out.
The PRESIDEN T pro tempore. The motion to strike out and
insert under the rules o f the Senate is not divisible, although it
is by general parliamentary law.
Mr. BRANDEGEE. A i>arliamentary inquiry, Mr. President
The PRESIDENT pro tempore. The Senator from Connecti
cut will state it.
Mr. BRANDEGEE. Is not the question on agreeing to the
committee amendment ?
The PRESIDEN T pro tempore. The question is necessarily
one to strike out and insert, under the rules o f the Senate.
Mr. BRANDEGEE. Y es; to strike out the House provision
and insert the Senate committee amendment.
The PRESIDEN T pro tempore. That is the question before
the Senate—to strike out the House provision as it has been
1912
C N R
O G ESSIO AL R C R —SEN
N
EOD
ATE,
amended and to insert in lieu thereof tlie amendment proposed
by the committee.
Mr. SIMMONS. A parliamentary inquiry. Is that motion
divisible?
The P R E SID E N T pro tempore. It is not, under the rule of
the Senate. It is divisible according to general parliamentary
law, but the rule o f the Senate is expressly to the contrary.
The amendment was rejected.
The PR E SID E N T pro tempore. The Secietary w ill state the
next amendment.
The S e c r e t a r y . On page 21, line 17, strike out the word
“ said ” and insert the w ord “ the ” before the word “ act.”
Mr. BRANDEGEE. I think that inasmuch as the amend
ment proposed by the Senate committee has been disagreed to,
that the word “ said ” should be reinstated as in the House
print, so that it w ill read “ section 6 o f said act,” because on
the previous page, on page 19, the bill provided-----The PR E SID E N T pro tempore. The Senator can not dis
cuss it.
Mr. BRAND EG EE. I move-----The P R E SID E N T pro tempore. All that is necessary is for
the Senate to vote down the amendment proposed by the com
mittee.
Mr. BRANDEGEE. I hope it will be disagreed to.
The P R E SID E N T pro tempore. The Chair w ill submit the
question to the Senate. The question is on the adoption o f the
amendment found in line 17, on page 20, to strike out the word
“ said ” and insert the w ord “ the.”
The amendment was rejected.
The PRE SID EN T pro tempore. The Secretary w ill report
the next amendment.
The S e c r e t a r y . On page 21, line 17, after the w ord “ com
merce ” and the comma at the end o f the line, insert “ approved
February 4, 1887.”
Mr. BRANDEGEE. It ought to be disagreed to.
The amendment was rejected.
The P R E SID E N T pro tempore. The Secretary w ill report
the next amendment.
The S e c r e t a r y . On page 22, line 15, after the w ord “ public ”
and after the comma at the end o f the line, insert “ where the
public, in the judgment o f the commission, w ill be benefited by
such connection.”
The amendment was agreed to.
The P R E SID E N T pro tempore. The Chair is inform ed there
are on the desk no other amendments by the committee, or
amendments offered by any Senator on the floor.
Mr. NEW LANDS. W ill it now be in order for me to offer
the amendment I suggested?
The PR E SID E N T pro tempore. It is now in order for the
Senator from Nevada to offer his amendment.
Mr. NEW LANDS. I offer an amendment to section 4, which
has the approval o f the chairman o f the committee.
The PRE SID E N T pro tempore. The Secretary w ill state the
amendment.
The S e c r e t a r y . A t the end o f section 4 it is proposed to
insert the follow ing w o r d s :
T h e P resid en t, b e fo re the com p letion o f th e ca n a l, sh a ll cause the
C om m ission o f A rts to m ake r e p o rt o f th eir recom m en d a tion reg a rd in g
th e a r t is t ic ch a r a c te r o f the s tru ctu res o f th e ca n a l, su ch re p o rt t o be
tra n sm itted to C on gress.
The amendment was agreed to.
Mr. BRAND EG EE. A parliamentary inquiry. Is it in order
now to move to strike out a section or should that motion be
made in the Senate when the bill gets into the Senate?
The P R E SID E N T pro tempore. It depends upon whether it
has been previously acted upon as in Committee o f the Whole.
I f it has been acted upon in Committee o f the W hole it is not
now in order. The Chair does not know to what section the
Senator from Connecticut refers.
Mr. BR AN D EG EE . I understood the Chair to say that there
Were no further amendments and that all the sections had
been acted upon.
The PRE SID E N T pro tempore. The Chair did not say all
the sections had been acted upon. I f it did, it was an inad
vertence. The Chair stated that there were on the desk no
other amendments proposed by the committee or any Senator.
Mr. BRANDEGEE. I inquire whether it is in order to sub
blit an amendment to strike out section 1 1 , which has been
acted upon?
The P R E SID E N T pro tempore. It is not.
Mr. GALLINGER. It w ill be in order in the Senate.
The P R E SID E N T pro tempore. The Chair w ill state, to be
a little more exact, that the part o f section 1 1 which has been
acted upon by the Senate can not now again be acted upon as
in Committee o f the W hole. There are other parts o f section
11 upon which there has been no specific action by the Senate.
10587
A motion to strike out those parts would be in order. The
bill is in Committee o f the W hole and open to amendment.
Mr. SM ITH o f Georgia. I desire to make a parliamentary
inquiry. According to the practice, is it necessary while the bill
is still in Committee o f the W hole to reserve an objection to
an amendment which I intend to object to in the Senate?
The PR E SID E N T pro tempore. The announcement can be
made at any time. It is usually done at the present time, when
the bill is about to pass from the Committee o f the W hole to
the Senate.
Mr. SM ITH o f Georgia. I thought that was about to take
place.
The PR E SID E N T pro tempore. The Chair w ill announce
the fact that if there are no further amendments as in Com
mittee o f the Whole, the bill w ill be reported to the Senate, and
the Chair w ill now receive the notice.
Mr. SM ITH o f Georgia. I desire to reserve an objection to
the Senate committee amendments to section 5 .
The PR E SID E N T pro tempore. The bill is in Committee of
the W hole and still open to amendment. I f there are no further
amendments the bill w ill be reported to the Senate.
* The bill was reported to the Senate as amended.
The PR E SID E N T pro tempore. The bill is reported to the
Senate with amendments. The Senator from Georgia has given
notice o f the reservation o f the amendment adopted to section 5.
W ith that exception, unless there be objection------ Mr. ROOT. I wish an opportunity to vote upon the pro
vision o f the bill as it was reported to the Senate relating to
the relief o f vessels engaged in the foreign trade from -----The PRE SID E N T pro tempore. W ill the Senator indicate it
by number or section?
Mr. ROOT. I do not know whether it is covered by the reser
vation made by the Senator from Georgia.
Mr. SM ITH "of Georgia. That is the reservation I made.
Mr. ROOT. I undestand the reservation covers also the
coastwise trade.
Mr. SM ITH o f Georgia. N o; it does not.
Mr. ROOT. I wish an opportunity to vote upon each o f those
provisions.
The P R E SID E N T pro tempore. W ill the Senator please indi
cate by number the section he desires to have the reservation
made in?
Mr. ROOT. It is the provision relating to tolls o f vessels en
gaged exclusively in the coastwise trade o f the United States
in section 5.
The PR E SID E N T pro tempore. It is sufficient if all the
amendments to section 5 are reserved.
Mr. ROOT. I understood the reservation to cover it.
Mr. LODGE. Mr. President, a point o f order.
The P R E SID E N T pro tempore. The Senator from Massa
chusetts rises to a point o f order. The Senator w ill please
state it.
Mr. LODGE. Only the legislation exempting coastwise ship
ping from tolls is a part o f the bill as passed by the House and
not a reserved amendment. The only thing that can be reserved
is the one w ord “ exclusively.”
The PRE SID E N T pro tempore. That is correct.
Mr. LODGE. But it is open to any Senator to move to strike
out those lines.
Mr. ROOT. I move now, Mr. President-----Mr. GALLINGER. I desire to reserve the amendment sub
m itted b y the Senator from Missouri [Mr. R eed].
The P R E SID E N T pro tempore. The Chair will state that the
original text o f the bill w ill be open to amendment in the
Senate the same as if no action had been taken in Committee o f
the Whole. The only object in reserving amendments is that
the Senate may concur en bloc in amendments not desired to be
separately acted upon. The Senator from New Hampshire
gives notice o f a reservation o f the amendment offered by the
Senator from Missouri [Mr. R eed], which was adopted by the
Senate.
Mr. BR ISTO W . I desire to have the amendment reserved in
line 13, page G, where the word “ ex clu sively ” was inserted.
I desire a separate vote on that amendment.
The PRE SID EN T pro tempore. The Senator from Kansas
gives notice o f a reservation o f the a mend meat where the w ord
“ ex clu sively” was inserted.
Mr. SM ITH o f Georgia. I wish to lessen the number o f
reservations. The only amendment to which I desire my reser
vation to apply is the one that commences with the w ords “ No
tolls,” at the foot o f page G, and ends w ith the w ord “ con
clusive,” on page 7. line 13.
The PRE SID EN T pro tempore. The Chair w ill state, in
order that there may be no misunderstanding, the notice given
by the Senator from Georgia. The Secretary w ill state it.
10588
•
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
The Secretary. The amendment is reserved beginning with
the words “ No tolls,” on page 0, line 25, and going down to
and including the word “ conclusive,” on page 7, line 13.
The PRESIDEN T pro tempore. The Secretary w ill state
the amendment reserved by the Senator from Kansas [Mr.
B ristow ].
The S ecretary.
The Senator from Kansas [Mr. B ristow ]
reserves the amendment in line 13, page 6 , where, after the
word “ engaged,” the word “ exclusively ” was inserted.
The PRESIDEN T pro tempore. The Senator from New York
will please state the amendment he desires to have reserved.
Mr. ROOT. I desire to move to strike out the words upon
lines 13 and 14, on page 6 .
The PRESID EN T pro tempore. That is not an amendment.
Mr. ROOT. It is not. Therefore I move to strike out those
words.
The PRESIDENT pro tempore. It w ill be in order to offer
that as an amendment in the Senate.
Mr. ROOT. I thought the bill was in the Senate.
The PRESIDEN T pro tempore. It is in the Senate, and the
Chair is trying to find out what amendments are to be reserved.
Then the Chair will ask for amendments. The Senator from
New York does not reserve any amendment which was adopted
as in Committee o f the Whole.
Mr. LODGE. The Senator from New York desires to make a
motion to amend.
The PRESIDEN T pro tempore. The time has not arrived
when he can so do.
Mr. LODGE. That I know, and there was nothing further
for him to say.
The PRESIDEN T pro tempore. The Chair was simply in
quiring o f the Senator whether he reserved action on any
amendment adopted as in Committee of the Whole.
Mr. ROOT. So long as the reservation o f th 6 Senator from
Georgia covers the provision beginning on the last line o f page
6 ; that is, “ no tolls,” and extending down to the middle of
page 7, I make no further reservation.
The PRESIDEN T pro tempore. What the Senator has in mind
it is not necessary to be reserved, as it is not an amendment
but is a part o f the original text. The Chair does not misunder
stand the Senator. The Secretary will state the amendment
reserved by the Senator from New Hampshire [Mr. Gallinger].
The Secretary. The Senator from New Hampshire reserves
for a separate vote the amendment offered by the Senator from
Missouri [Mr. R eed] to come in on page 20, line 17, after the
word “ final.”
The PRESIDEN T pro tempore. The question is on concurring
in the amendments adopted as in Committee o f the W hole not
reserved.
The amendments were concurred in.
The PRESIDEN T pro tempore. The bill is open to amend
ment.
Mr. GALLINGER. The question is on the reserved amend
ments, I suggest.
The PRESIDEN T pro tempore. The question w ill be first
upon the several amendments that were reported by the Com
mittee of the Whole and which have been reserved. The first
occurring in point o f position in the bill is the one reserved by
the Senator from Kansas [Mr. B ristow ], which the Secretary
will state.
Mr. BRISTOW . I made that reservation, but prefer first to
have the amendment reserved by the Senator from Georgia
acted on.
The PRESID EN T pro tempore. I f the Senator is not ready
to have action on it. the Chair w ill pass it.
Mr. BRISTOW . I do not care to have it brought up until the
other amendment is voted on.
The PRESID EN T pro tempore. Then the question is on the
amendment adopted as in Committee o f the Whole, beginning
on the last line o f page 6 , with the words “ No tolls,” and ex
tending to page 7, lines 1 to 13, inclusive, ending with the word
“ conclusive.”
Mr. SM ITH o f Georgia. On concurring in that amendment
I ask for the yeas and navs.
_ „ _____
The yeas and nays were ordered.
Mr. STONE. Mr. President, a parliamentary inquiry.
I
desire to know whether this amendment- stands as it is printed
in the bill in italics or was it amended in Committee o f the
W hole? Is it to be voted upon now in the same form as
printed?
The PRESIDEN T pro tempore. The Chair is informed that
there was a verbal amendment which the Secretary w ill report
to the Senate.
The S ecretary. On page 7, line 3, as in Committee o f the
Whole, the words “ and used,” after the word “ taken,” were
j
stricken out.
A ugust 9,
The PRESID EN T pro tempore. W ith that exception the
Chair is informed the amendment was not otherwise amended
The Secretary will proceed with the call o f the roll on coin
curring in the amendment.
The Secretary proceeded to call the roll.
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [ftjj.
P ercy ], Understanding that he would vote the same way j
would on this subject, I w ill vote. I vote “ nay.”
Mr. REED (when his name was called). I have a pair with
the Senator from Michigan [Mr. S m it h ]. I transfer that pajr
to the Senator from Nebraska [Mr. H itchcock ] and vote, j
vote “ yea.”
Mr. TOWNSEND (when the name o f Mr. S m ith o f Michigan
Was called). My colleague [Mr. S m it h ] is unavoidably absent
from the city. Tf he were present and permitted to vote, he
would vote “ yea.” He is paired with the junior Senator froip
Missouri [Mr. R eed],
Mr. WATSON (when his name was called). Because o f niy
general pair with the senior Senator from New Jersey [Mr.
B riggs] I withhold my vote.
The roll call having been concluded, the result was an
nounced— yeas 33, nays 29, as fo llo w s:
■
Bourne
Bradley
Brandegee
Bristow
Burnham
Catron
Chamberlain
Clapp
Clark, Wyo.
Ashurst
Bacon
Bankhead
Bryan
Burton
Cullom
Dillingham
du Pont
Bailey
Borah
Briggs
Brown
.Chilton
Clarke, Ark.
Culberson
Curtis
Y E A S — 33.
Crane
La Follette
Crawford
Massey
O'Gorman
Cummins
Fletcher
Penrose
Terkins
Gallinger
Heyburn
Poindexter
Johnston, Ala.
Reed
Sanders
Jones
Kenyon
Simmons
N AY S— 29.
Fall
Nelson
Gronna
Newlands
Johnson, Me.
Oliver
Lodge
Overman
McCumber
Page
McLean
Pomerene
Martin, Ya.
Root
My ers
Shively
NOT VOTING— 32.
Davis
Kern
Dixon
Lea
Foster
Lippitt
Gamble
Martine, N. J.
Gardner
Owen
Gore
l ’aynter
Guggenheim
Percy
Hitchcock
Itayner
\
Smoot
Stone
Tnornton
Townsend
Warren
Works
Smith, Ariz.
Smith, Ga.
Swanson
Wetmore
Williams
■
Ilicnardson
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Tillman
W atson
So the amendment was concurred in.
Mr. BRISTOW . I have no further interest in the word “ ex
clusively.”
The PRESIDEN T pro tempore. The insertion of the word
“ exclu sively” w ill be considered as concurred in in the Senate.
Mr. ROOT. I move to strike out lines 13 and 14, on page 6 ,
that “ No tolls shall be levied upon vessels,” and so forth.
The PRESID EN T pro tempore. I f the Senator will pardon
the Chair, there is one,Qther am endm ent-which-was reserved,
the amendment offered by the Senator from Missouri [Mr. R eed ]
and adopted by the Senate as in Committee o f the Whole.
Mr. GALLINGER. W hich I desire to have read.
The PRESIDEN T pro tempore. The Secretary will read
the amendment adopted as in Committee o f the Whole.
The S ecretary. Amendment offered by the junior Senator
from Missouri [Mr. R eed] and agreed to as in Committee
o f the Whole, on page 20, line 17, after the word “ final,” insert:
No ship engaged in or permitted by the terms of this act to engage
in the coastwise trade of the United States shall be permitted to enter
or pass through said canal if such ship is owned, chartered, operated
or controlled by any person or company which is doing business in
violation of the provisions of the act of Congress approved July 2
1890, entitled “ An act to protect trade and commerce against unlaw
ful restraints and monopolies,” or the provisions of sections 73 and 77
both inclusive, of an act approved August 27, 1894, entitled “ An act
to reduce taxation, to provide revenue for the Government, and for
other purposes,” or the provisions of any other act of Congress amend
ing or supplementing the said act of July 2, 1890, commonly known
as the Sherman Antitrust Act and amendments thereto, or said sec
tions of the act of August 27, 1894. The question of fact may bo
determined by the judgment of any court of the United States o f com
petent jurisdiction in any cause pending before it to which the owners
or operators of such ships are parties.
Mr. GALLINGER. I ask for the yeas and nays on the amend
ment.
The PRESIDENT pro tempore. The question is ortjeoncurring in the amendment just read, and on that the Senator from
New Hampshire demands the yeas and nays.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
P ercy]. Not knowing what his vote would be on this question,
I withhold my vote.
'
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
1912.
Mr. W ILLIA M S (when Mr. P ercy ’ s name was called ). I
wish to make the statement, and let it stand for the day, that
my colleague [Mr. P e rcy ] is unavoidably absent upon necessary
business.
Mr. REED (when his name was called). I transfer my pair
with the Senator from Michigan [Mr. S m i t h ] to the Senator
from Nebraska [Mr. H it c h c o c k ] and vote. I vote “ yea.”
Mr. TOW NSEND (when the name o f Mr. S m it h o f Michigan
was called). I again announce the necessary absence o f the
senior Senator from Michigan [Mr. S m i t h ]. A s has been stated,
he has a pair with the junior Senator from Missouri [Mr. R eed ].
The roll call was concluded.
Mr. DU PONT (after having voted in the negative).
I
should like to inquire whether the senior Senator from Texas
[Mr. C uluerson ] has v oted ?
The PR E SID E N T pro tempore. The Chair is inform ed that
he has not voted.
Mr. DU PONT. In that case, as I have a general pair with
him, I will withdraw my vot'd.1
. Mr. DILLING H AM . 1 withhold m f vote, because I am paired
w ith the senior Senator from South Caroliha JAlr. T i l l m a n ].
The result was announced— yeas 36, nays 23,'as follow s:
YEAS—36.
Ashurst
Bacon
Borah
Bourne
Bradley
Brandegee
Bristow
Chamberlain
Clapp
Bankhead
Bryan
Burton
Catron
Clark, Wyo.
Crane
Bailey
Briggs
Brown
Burnham
Chilton
Clarke, Ark.
Culberson
Curtis
Davis
Crawford
Cummins
Gronna
Johnson, Me.
.Tones
Kenyon
La Follette
Martin, Va.
Myers
Nelson
Newlands
O’Gorman
Overman
Perkins
Poindexter
Pomerene
Reed
Shively
N AY S— 23.
Cullom
Lodge
McLean
Fall
Massey
Fletcher
Gallinger
Oliver
I leybu rn
Page
Johnston, Ala.
Penrose
NOT VOTING— 35.
Dillingham
Kern
Dixon
Lea
du Pont
Lippitt
Foster
McCumber
Gamble
Martine, N. J.
Gardner
Owen
Gore
Paynter
Guggenheim
Percy
Hitchcock
Rayner
Simmons
Smith, Ariz.
Smith, Ga.
Stone
Swanson
Thornton
Townsend
W illiam s
Works
Koot
Sanders
Smoot
Warren
Wetmore
Richardson
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Tillman
W atson
.So the amendment w as concurred in.
Mr. ROOT. On page 6 , line 13, I move to strike out the
w ords—
No tolls shall ho levied upon vessels engaged exclusively in the coast
wise trade of the United States.
I shall not ask for the yeas and nays on the amendment.
The PRE SID EN T pro tempore. The amendment proposed by
the Senator from New York w ill be stated.
The S ecretary . On page. 6 ,- b eg in n in g .on lin e 13, it is pro
posed to strike out the w o rd s:
10589
Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Bristow
Bryan
Chamberlain
Clapp
Crawford
Cullom
N A Y S — 45.
Nelson
Cummins
Fletcher
Newlands
Gronna
O’Gorman
Johnson, Me.
Overman
Johnston, Ala.
Page
Jones
Perkins
Kenyon
Poindexter
Pomerene
La Follette
McCumber
Reed
Martin, Va.
Sanders
Massey
Shively
Myers
Simmons
Bailey
Briggs
Brown
Chilton
Clarke, Ark.
Culberson
Curtis
Davis
Dillingham
Dixon
du Pont
Foster
Gamble
Gardner
Gore
Guggenheim
NOT
Smith, Ariz.
Smith, Ga.
Smith. Md.
Smoot
Stone
Swanson
Townsend
W illiam s
Works
VO T IN G — 31.
Hitchcock
Kern
Lea
Martine
Owen
Paynter
Percy
Iiayner
Richardson
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Tillman
W atson
So Mr. B randegee ’ s am endm ent w a s rejected .
Mr. -BRANDEGEE. I offer the amendment which I send
to the desk.
The PRE SID EN T pro tempore. The amendment proposed
by the Senator from Connecticut w ill he stated.
The S ecretary'. It is proposed to strike out a ll o f section
1 1 and to insert in lieu thereof a new paragraph as fo llo w s :
That every ship, however owner or controlled, shall be permitted
to use the Panama Canal, but the traffic through said canal between
ports of the United States and between ports of the United States
and ports of adjacent foreign countries shall be, and the same hereby
is, placed under the jurisdiction of the Interstate Commerce Commis
sion, with power to said commission to fix the rates to be charged
and to make such rules and regulations in regard to said traffic as
it may see lit.
amendment w as rejected.
Mr. BRANDEGEE. I offer the amendment which I send to
the desk.
The PRE SID EN T pro tempore. The amendment proposed
by the Senator from Connecticut w ill be stated.
The Secretary. On page 22, lines 10 to 13, it is proposed to
strike out all the words beginning w ith the w ord “ or,” on line
10, and ending with the word “ d o c k ” on line 13, and insert
in lieu thereof a period; and on page 23, after line 22, to
insert a new paragraph, as follow s:
The
In establishing any through route under any provision of this act
the commission shall not require any company, without its consent,
to embrace in such route substantially less than the entire length
of its railroad and of any intermediate railroad operated in conjunc
tion and under a common management and control therewith which
lies between the termini of such proposed through route, unless to
do so would make such through route unreasonably long as compared
with another practicable through route which could otherwise be
established; and in fixing such joint or proportional rates the com
mission shall not diminish the net revenue previously received bv
such company as its
transporta
tion over such Rw^ifllfUTbute.
The jjStTendment was rejected.
33*6'amendments were ordered to be engrossed and the b in '
t p v e read a third time.
No tolls shah be"Tevicd upon vessels engaged exclusively in’ijiig coast
f The bill was read the third time.
wise trade of the United States.
The PR E SID E N T pro tempore. The question is, Shall the
The amendment was rejected.
Mr. BRANDEGEE. I move to strike out section 11 o f the v
^ili rpal s
Mr. GALLINGER. On that I ask for the yeas and nays.
bill.
The yeas and nays were ordered, and the Secretary proceeded
The PR E SID E N T pro tempore. The amendment proposed by
to call the roll.
the Senator from Connecticut w ill be stated.
^Ir, D ILLIN G H AM (when his name was called)_. ihjcrrriso o f
The S ecretary . It is proposed to strike out all o f section 11,
beginning on page 19, line 10, and ending on page 24, line 11.
Mr. LODGE * ( wTi^CRIBPS*^M 1iT O ^ s ^ a m e was c a lle d ). The
J1
Mr. BRANDEGEE. I ask for the yeas and nays on that
Senator from Delaware [Mr. du P o n t ] is absent. H e is paired
amendment.
The yeas and nays were ord ered ; and the Secretary pro with the Senator from Texas [Mr. C ulberson ].
Mr. L IP P IT T (when his name was called ). On account o f
ceeded to call the roll.
Mr. D ILLIN G H AM (when his name w as ca lled ). I w ith my pair with the senior Senator from Tennessee [Mr. L ea ], i
hold my” vqto owing to the absence o f the Senator -from South withhold my vote.
Mr. M cCUM BER (when his name was called ). I again an
Ca rolina [ Mu T tw .m a *. R .with.a* be** -I-itm rph fred.
Mr. L IP P IT T (when his name was called ). On this question nounce my pair with the senior Senator from Mississippi [Mr
P e rcy ], but on this particular question my pair has relieved me
I consider m yself at liberty to vote and I vote “ yea.”
Mr. REED (when his name w as called ). I transfer my pair from its operation, and I w ill therefore vote. I vote “ nay ”
Mr. REED (when his name was called ). I again announce
with the Senator from Michigan [Mr. S m i t h ] to the Senator
the transfer o f my pair with the Senator from Michigan
from Nebraska [Mr. H itchcock ] and vote. I vote “ nay.”
[Mr. S m i t h ] to the Senator from Nebraska [Mr. H itchcock 1
The roll call was concluded.
-^
V
J
Mr. LQDGE. I desire to announce the pair o f Hite senior and will vote. I vote “ yea.”
Mr. TOW NSEND (when the name o f Mr. S m it h o f Michigan
RenaJ/tf’ from Delaware [Mr. du P o n t ] with the Senator from
w as called ). I desire to announce the necessary absence o f my
Texas [Mr. C ulberson ].
colleague [Mr. S m i t h ]. I f he were presen t‘ he would vote
The result was announced— yeas 18, nays 45, as follow s:
“ yea.”
Y E A S— 18.
Mr. W ATSON (when his name was called ). I again an
Lodge
Thornton
Crane
Brandegee
McLean
Warren
Burnham
Fall
nounce my pair with the senior Senator from New Jersey [Mr.
Oliver
Wetmore
Burton
(iallinger
B riggs ], and withhold m y vote.
Penrose
'
Catron
Heybura
The roll call was concluded.
Root
Lippitt
Clark, Wyo.
10590
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Mr. WATSON. Again announcing the Absence and pair
cojteague [Mr. C h i l t o n ] , I desire to say tlfa u jf present
this Vote he would vote “ yea.”
The result was announced—yeas 47, nays 15, as follow s:
•my
Ashurst
Bacon
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Chamberlain
Clapp
Clark, Wyo.
Bankhead
Burton
Catron
Crane
Bailey
Briggs
Brown
Chilton
Clarke, Ark.
Culberson
Curtis
Davis
Y E A S— 47.
Crawford
Massey
Cullom
Myers
Cummins
Nelson
Fletcher
New lands
Gronna
O’Gorman
Johnson, Me,
Overman
Johnston, Ala.
Page
Perkins
Jones
Toindexter
Kenyon
Pomereno
La Toilette
Reed
McLean
Simmons
Martin, Va.
N AYS—-15.
MeCumbcr
Fall
Oliver
Gallinger
Penrose
Heyburn
Root
Lodge
NOT VOTING— 32.
Hitchcock
Dillingham
Kern
Dixon
Lea
du Pont
Lippitt
Foster
Martine, N. J.
Gamble
Gardner
Owen
Pay n ter
Gore
Percy
Guggenheim
Smith, Ariz.
Smith, Ga.
Smith, M(l.
Smoot
Stone
Swanson
Thornton
Townsend
Warren
Williams
Works
Sanders
Shively
Wetmore
Rayner
Richardson
Smith, Mich.
Smith, S. C.
Stephenson
Sutherland
Tillman
Watson
So the bill was passed.
Mr. BRANDEGEE. I ask unanimous consent to make a
statement. I was not at liberty to do it when we were voting.
I had announced in the open session o f the Senate that I
intended to change my vote on the question o f tolls on our
foreign ships. When that vote was put I was confused. I
thought we were voting on the amendment o f the Senator from
Georgia about the word “ exclusively,” and I voted on the
proposition of tolls on foreign ships the same way I did yester
day when I had announced that I intended to change my vote
to “ nay.” It. made no difference in the result, but having an
nounced in open session I did not want the vote to stand in
contradiction of what I said I wanted to do.
I ask that the bill may be printed with the Senate amend
ments, as the chairman o f the House committee is anxious to
get a copy of the bill as finally passed by the Senate.
The PRESIDEN T pro tempore. Without objection, it is so
ordered.
THE COTTON TARIFF.
Mr. SUMMONS. Mr. President, I move that the Senate pro
ceed to the -consideration o f the bill (H . R. 25034) commonly
known as the cotton bill.
The PRESIDEN T pro tempore. The Senator from North
Carolina moves that the Senate proceed to the consideration o f
the bill (II. R. 25034) to reduce the duties on the manufacture
o f cotton.
The motion was agreed to.
STANDARD OIL AND AMERICAN TOBACCO COMPANIES.
Mr. POMERENE. I ask for the adoption o f the order which
I send to the desk. Under the rules I understand it must lie
over until to-morrow. (S. Res. 375.)
The PRESIDEN T pro tempore. The order will be read.
The Secretary read as fo llo w s:
Ordered, That the Committee on the Judiciary he, and it is hereby,
relieved from further consideration of Senate concurrent resolution
4, declaring it to he the sense of the Senate and of the House of Representatives that criminal prosecutions should he begun against the
Standard Oil Co. and the American Tobacco Co. and the other parties
and persons who were declared by the Supreme Court of the United
States to bo violating the criminal provisions of sections 1 and 2 of
the Sherman antitrust law, and instructing the Attorney General to
institute criminal prosecutions against them where the evidence, in his
opinion, justifies said proceedings ; and it is
Further ordered, That said resolution be laid before the Senate for its
consideration.
Mr. GALLINGER. Let that go over.
The PRESID EN T pro tempore. It w ill go over under the
rule.
MESSAGE FROM THE HOUSE.
A message from the House of Representatives, by J. C. South,
its Chief Clerk, announced that the House had agreed to the
report o f the committee of conference on the disagreeing votes
o f the two Houses on the amendments of the House to the bill
(S. 45GS) granting an increase of pension to Annie R. Schley.
ENROLLED BILL SIGNED.
The message also announced that the Speaker o f the House
had signed the enrolled bill (H. R. 189G0) making appropria
tions for the Department o f Agriculture for the fiscal year end
ing June 30, 1913, and it was thereupon signed by the President
pro tempore.
A ugust
9,
EXECUTIVE SESSION.
Mr. LODGE. I move that the Senate proceed to the consid
eration o f executive business.
The motion was agreed to, and the Senate proceeded to the
consideration o f executive business. After six minutes spent
In executive session the doors were reopened, and (at 0 o’clock
and 54 minutes p. m.) the Senate adjourned until to-morrow,
Saturday, August 10, 1012, at 10 o’clock a. m.
V
NOMINATIONS.
E x e c u t i v e n o m in a tio n s re c e iv e d
C ollector
oe
bg th e S e n a te A u g u s t 9, 1 912.
Cu sto m s.
Cyrus G. Engle, o f Mississippi, to be collector o f customs for
the district o f Natchez, in the State of Mississippi. (Reappointment.)
P r o m o t io n s
in
th e
R e v e n u e -C u t t e r S e r v ic e .
Second Lieut. William Thomas Stromberg to be first lieutenant
in the Revenue-Cutter Service o f the United States, to rank as
such from June 19, 1912, in place o f First Lieut. W illiam
Edward Wyatt Hall, promoted.
Third Lieut. Leo Charles Mueller to be second lieutenant in
the Revenue-Cutter Service of the United States, to rank as
such from June 39, 1912, in place o f Second Lieut. W illiam
Thomas Stromberg, promoted.
U n it e d S t a t e s D
is t r ic t
J u dge .
James M. Morton, jr., o f Massachusetts, to be United States
district judge, district o f Massachusetts, vice Frederic Dodge,
appointed circuit judge.
R e g is t e r
of t h e
L a n d O f f ic e .
John W. Cook, o f Lander, Wyo., to be register o f the land
office at Lande<', vice William T. Adams, term expiied.
P r o m o t io n s
in
the
A rm y.
MEDICAL CORPS.
Lieut. Col. Guy L. Edie, Medical Corps, to be colonel from Au
gust 6 , 1912, vice Col. W illiam B. Davis, retired from active
service August 5, 1912.
Maj. George D. Deshou, Medical Corps, to be lieutenant colonel
from August G 1912, vice Lieut. Col. Guy L. Edie, promoted.
,
Capt. Raymond F. Metcalfe, Medical Corps, to be major from
August G, 1912, vice Maj. George D. Deslion, promoted.
Capt. Edwin W. Rich, Medical Corps, to be m ajor from Au
gust 7, 1912, vice Maj. William E. Purviance, retired from
active service August G 1912.
,
CAVALRY ARM.
Second Lieut. Henry R. Smalley, Fourteenth Cavalry, to be
first lieutenant from March 8 , 1912, vice First Lieut. Timothy
M. Coughlan, First Cavalry, promoted.
Second Lieut. Robert Blaine, Tenth Cavalry, to be first lieu
tenant from March 17, 1912, vice First Lieut. James Huston,
Tenth Cavalry, promoted.
Second Lieut. Luther Felker, Fourteenth Cavalry, to be first
lieutenant from March 18, 1912, subject to examination required
by law, vice First Lieut. Goss L. Stryker, Thirteenth Cavalry,
resigned March 17, 1912.
Second Lieut. Jonathan M. Wainwright, First Cavalry, to be
first lieutenant from July 30, 1912, vice First Lieut. Frederick
J. Herman, Ninth Cavalry, promoted.
ArroiNTMENTS IN THE ARMY.
MEDICAL RESERVE CORPS.
T o be first lie u ten a n ts w ith ra n k f r o m A u g u s t 7, 1 9 1 2 .
Clarence Ralph Bell, o f Hlinois.
Royal Edwin Cummings, of California.
Halbert Porter Harris, o f North Carolina.
Oliver Kinsey, jr., o f North Carolina.
George Fairless .Lull, o f Pennsylvania.
Stephen Harrison Smith, o f Virginia.
Edward Thomas Breinig Weidner, o f Pennsylvania.
Edward Robert Guinan, o f California.
P r o m o t io n s
in
th e
Navy.
The following-named lieutenants to be lieutenant commanders
in the Navy from the 1st day o f July, 1912, to fill vacancies:
Hayne Ellis and
James H. Comfort.
The following-named lieutenants (junior grade) to be lieu
tenants in the Navy from the 1st day o f July, 1912, to fill
vacancies:
Archibald G. Stirling and
Roland M. Brainard.
Ensign Joseph Baer to be a lieutenant (junior grade) in the
Navy from the 7th day o f June, 1912, upon the completion o f
three years’ service as an ensign.
1912.
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
10647
Mr. CULBERSON. A special order at what time o f the day
ation bills, conference reports, and the unfinished business.
on Saturday?
Then there might be no objection to it.
The PRE SID EN T pro tempore. Immediately after the morn
Mr. B R ISTO W . Mr. President, why should we, at the close
of a session, with the calendar congested with business, with ing business w as the motion made by the Senator from Vermont.
important appropriation bills pending, and all kinds o f con It should have been so stated.hv. the ,0 1)air.
Mr. BOURNE. i-^Ttrr^rsrood tlie Sefffttw r..^ say that his
troversies likely to be injected into them, make a special order
here a week in advance? To mortgage our time by special motion includ^d^fne statement that he would g^Ve^ way to the
orders seems to me to be ridiculous, I do not care what the con siderate^ o f all conference reports and appropriation bills.
The- P R E SID E N T pro tempore. The matter w ill im p re s t
merits o f the bill are. I f we have time to attend to it, let us
take it up and attend to it, but not by a special order a week in within the con£i»P'T5f' the Senator from Vermont. It must "be
the Senate in such terms as it desires to have
advance mortgage the time o f the Senate when we do not know ordered
s e tt\ p # r
what w ill be pending at that time.
r. PAGE. I think that was a part o f my motion.
Mr. PAGE. Mr. President, I have heen in the Senate for
The PR E SID E N T pro tempore. The Secretary w ill read what
about four years and I have never yet objected to a request for
appears to be the motion o f the Senator from Vermont.
unanimous consent. There have been numerous unanimoui
The Secretary read as follow s:
consent days since this bill has been before the Senate, and
That on Saturday, August 17, 1912, immediately upon tbe conclu
eveiy case where unanimous consent was asked I have b 0 en
sion of the routine morning business, not to interfere with the con
patient and said, “ C ertain ly; go ahead.” I do not want to
sideration of appropriation bills or reports of committees of conference,
interfere with the general business o f the Senate, but the time the Senate will take up for consideration Senate bill (S. 3) to co
has come when I feel that I must ask that my bill have its operate with the States in encouraging instruction in agriculture, the
rights. I am perfectly w illing to say that it shall not come up trades, and industries and home economies in secondary sch ools; in
maintaining instruction in these vocational subjects in State normal
fo r consideration until Saturday o f next week, or even until schools; in maintaining extension departments in State colleges
the follow ing Monday, if we will have business that w ill occupy agriculture and mechanic arts ; and to appropriate money and reg
us until that time, or if w e can adjourn before that time I am it s expenditure.
The PRE SID EN T pro tempore. The
upon the
willing that the bill shall go ov er; but if we are to have a session
te being necessary, the
that wT last until week after next I believe the Senate ought to adogffoft^iip .m tto , ■
ill
a n A
give consideration to this bill, for it is a very important measure. Secretary w ill call the roll.
The Secretary proceeded to call the roll.
Mr. BR ISTO W . I f we are here next Saturday and the Senate
Mr. BANK H EAD (when his name was called ). I am paired
wishes to take it up, let us take it up then. W e w ill know then
what is pending and we w ill be able to say what is the most with the senior Senator from Idaho [Mr. H e Yb u r n ], and there
important thing to consider at that time. W e can not know now fore withhold my vote.
Mr. CULLOM (when his name was called ). I have a pair
what we ought to consider next Saturday. I would rather con
with the junior Senator from W est Virginia [Mr. C h il t o n ],
sider it now than next Saturday.
Mr. STONE. I rise to a parliamentary inquiry. I inquire and therefore withhold my vote.
Mr. TOW NSEND (when the name o f Mr. .Tones was called ).
whether the motion to fix a special order made by the Senator
The senior Senator from W ashington [Mr. J o n e s ] was called
from Vermont is a debatable motion?
The PR E SID E N T pro tempore. The Chair is o f the opinion from the Senate on official business.
Mr. M cCUMBER (when his name was called). I have a
that it is not, except by unanimous consent.
Mr. STONE. Well, I do not give my consent for any further general pair w ith the senior Senator from Mississippi [Mr.
P e rcy ]. He not being present, I withhold my vote.
debate.
Mr. TOW NSEND (when the name o f Mr. S m it h o f Michigan
The PR E SID E N T pro tempore. The Chair desires to lay
before the Senate the rule o f the Senate, which had been over was called). My colleague [Mr. S m i t h ] is unavoidably absent
looked in responding to the inquiry o f the Senator from North from the city and is paired with the Senator. from Missouri
[Mr. R eed ].
Carolina [Mr. S im m o n s ]. The Secretary w ill read Rule X
Mr. SMOOT (when Mr. S t e ph en so n ’ s name w as called ). I
in regard to conflicts between a special order and the unfinished
wish to .announce the absence from the city o f the junior
business.
Senator from W isconsin [Mr. S t e p h e n s o n ], He has a pair
The Secretary read as follow s:
w ith the Senator from Oklahoma [Mr. G ore ]. I w ill allow
R ule X.
this notice to stand for the day.
SPECIAL ORDERS.
Mr. STONE (when his name was called ). I have a standing
1. Any subject may, by a vote of two-thirds of the Senators present,
pair with the Senator from W yom ing [Mr. C l a r k ], and there
be made a special order; and when the time so fixed for its consideration
arrives tlie Presiding Officer shall lay it before the Senate, unless there
fore withhold my vote.
be unfinished business of the preceding day, and if it is not finally
Mr. SU THERLAND (when his name was called ). I am
disposed of on that day it shall take its place on the Calendar of Special
Orders in the order of time at which it was made special, unless it paired with the Senator from Maryland [Mr. R a y n e r ], and on
shall become by adjournment the unfinished business.
account o f his absence I withhold my vote.
Mr. SANDERS (when Mr. W arren ’ s name w as called ). I
Mr. CUMMINS. Mr. President, I think the bill suggested by
the Senator from Vermont is one o f the most important that have been requested to announce the pair o f the Senator from
has come before the Senate. I think it would be quite as help W yoming [Mr. W ar r e n ] with the senior Senator from Louis
ful to the people o f the United States as the canal bill that w e iana [Mr. F oster ].
Mr. W ILLIA M S (when his name w as called ). I have a pair
have ju st passed, and we ought to vote upon it at this session.
I suggest to the Senator from North Carolina that he propose with the Senator from Pennsylvania [Mr. P enrose ], and there
a unanimous-consent agreement for voting upon the cotton bill, fore withhold my vote. I f he were present, I should vote
the unfinished business. Can we not agree upon a time for “ yea.”
The roll call was concluded.
the disposition o f that bill?
Mr. OVERMAN. I have been requested to announce that the
The PRE SID EN T pro tempore. The matter before the Senate
junior Senator from South Carolina [Mr. S m i t h ] is unavoid
now is the motion o f the Senator from Vermont [Mr. P age ],
ably detained at home on important business, and is paired
Mr. STONE. I ask for the regular order.
The PRE SID EN T pro tempore. The Senator from Missouri with the Senator from Delaware [Mr. R ich a r d so n ].
Mr. L1PPITT. I have a pair with the Senator from Ten
asks for the regular order.
nessee [Mr. L e a ], and on that account I withhold my vote.
Mr. PAGE. I rise to a parliamentary inquiry.
Mr. THORNTON. I wish to announce the necessary absence
The PRE SID EN T pro tempore. The Senator w ill state it.
Mr. PAGE. The Senator from North Carolina suggests that o f m y collea gu e [Mr. F oster ], and w ill let the announcement
my motion, as I understand, would displace the unfinished busi stand for the day.
Mr. CULBERSON (after having voted in the affirm htive).
ness. Do I understand that the ruling with reference to that
I transfer my general pair with the Senator from Delaware
is that the unfinished business would not be displaced?
The PR E SID E N T pro tempore. The Chair has ju st had the [Mr. du P o n t ] to the Senator from Indiana [Mr. K e r n ] and
w ill allow my vote to stand.
rule read from the Secretary’s desk.
Mr. CU RTIS (after having voted in the affirm ative). I voted
Mr. PAGE. Then I ask for a yea-and-nay vote, as I under
thinking m y pair with the Senator from Arkansas [Mr. D a v is ]
stand that it takes a two-thirds vote to adopt the motion.
The PRE SID EN T pro tempore. The Senator from Vermont had expired. I find it stands for- the day, and I transfer it to
moves that on Saturday next the Senate proceed to the con the Senator from Washington [Mr. J o n e s ] and let m y vote
sideration by special order o f the bill named by him. As that stand.
Mr. SIMMONS (after having voted in the affirm ative). I
requires a two-thirds vote the Chair w ill direct the Secretary
have a pair w ith the Senator from Minnesota [Mr. C l a p p ]! I
to call tbe roll.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
10648
understand if lie were present, lie would vote as I do on this
question, and J will therefore let my vote stand.
Mr. LIPPITT. I transfer my pair to the Senator from New
M exico [Mr. Catron ] and vote. I vote “ nay.”
Mr. CHAMBERLAIN. The senior Senator from Oklahoma
[Mr. O w e n ] is paired with the senior Senator from Nebraska
[Mr. B rown ], and I make this announcement for the day.
Mr. W ILLIAM S. I wish to make the announcement, and to
let it stand for the day, that my colleague [Mr. P ercy] is nec
essarily absent, aud-is itairod with the Senator from North Da
kota [Mr. M cCumber ].
_Mr. LODGE. My colleague [M l 'I^N^ne ] is absent from the
city, and is paired with the Senator from M nine [Mr. Gardner].
I will let this announcement stand for the
The roll c a ll resulted—yeas 33, nays 13, as f&timvs:
Asliurst
Bacon
Borah
Bourne
Bradley
Bryan
Chamberlain
Culberson
Cummins
Brandegee
Bristow
Burton
Crawford
Bailey
Bankhead
Briggs
Brown
Burnham
Catron
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Cullora.
Y E A S— 33.
Myers
Curtis
Nelson
Dillingham
O’Gorman
Fletcher
Overman
Johnson, Me.
Johnston, Ala.
Page
Perkins
Kenyon
Martin, Va.
Poindexter
Martine, N. J.
Pomerene
Massey
Sanders
N AYS— 13
Fail
Oliver
Gallinger
Root
Lippitt
Smith, Ga.
Lodge
Smoot
NOT VOTING— 48.
Kern
Davis
Dixon
La Follette
du Pont
Lea
Foster
McCumber
McLean
Gamble
Newlands
Gardner
Ow-en
Gore
Paynter
Gronna
Guggenheim
Penrose
lleyburn
Percy"
Rayner
Hitchcock
Jones
Reed
S im m onses.
Swanson
Thornton
Tillman
Townsend
Works
Wetmore
Richardson
Shively
Smith, Ariz.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Warren
Watson
■Williams
The PRESID EN T pro tempore. Upon the call o f the roll of
the Senate, on the question o f the adoption o f the motion made
by the Senator from Vermont to make a special order, the yeas
are 33, the nays are 13. No quorum has voted.
Mr. SMOOT. There is no quorum, Mr. President.
Mr. GALLINGER. Let the roll be called.
The PRESID EN T pro tempore. No quorum has voted.
Mr. GALLINGER. Let the roll be called.
The PRESIDEN T pro tempore. Does the Senator from New
Hampshire suggest the absence o f a quorum? What is the
motion o f the Senator from New Hampshire? The Chair is
trying to ascertain.
Mr. GALLINGER. I have an impression that when a vote
shows a lack o f a quorum, the roll should be called immediately
to ascertain whether a quorum is present.
The PRESIDEN T pro tempore. Very well.
Mr. GALLINGER. But, if necessary, I suggest the absence
o f a quorum.
The PRESIDEN T pro tempore. The Secretary will proceed
with the call o f the roll.
Mr. SIMMONS. I suggest that probably when the names of
absent Senators are called it w ill disclose a quorum.
The PRESIDEN T pro tempore. There is no special rule to
that effect.
Mr. SIMMONS. Votes might be cast.
The PRESID EN T pro tempore.
The Senator from New
Hampshire has suggested the absence o f a quorum, and the
calling o f the roll is imperative. The Secretary w ill proceed
to call the roll.
The Secretary called the roll, and the following Senators
answered to their nam es:
Ashurst
Bacon
Bailey
Bankhead
Borah
Bourne *
Bradley
Brandegee
Bristow
Bryan
Burton
Catron
Chamberlain
Crawford
Culberson
Cullom
Cummins
Curtis
Dillingham
Fletcher
Gallinger
Johnson, Me.
Johnston, Ala.
Kenyon
Lippitt
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Massey
Myers
Nelson
O’Gorman
Oliver
Overman
Page
Perkins
Poindexter
Pomerene
Root
Sanders
Simmons
Smith, Ariz.
Smith, Ga.
Smoot
Sutherland
Swanson
Tillman
Townsend
Wetmore
Williams
Works
Mr. TOWNSEND. I again announce that the senior Senator
from Washington [Mr. Jones ] is unavoidably detained on
official business.
I also again announce the absence o f my colleague [Mr.
{Smith ]. H e is paired with the junior Senator from Missouri
[Mr. R eed]. I wish this announcement to stand for the day.
A ugust 10,
Mr. OVERMAN. Mr. President, I rise to a question o f order.
I desire to inquire whether a quorum is present. I should like
to have the Senate go on and do business. If no quorum is
present, it seems to me that the motion has failed for want of
a quorum. That is parliamentary law. I f there is anything in
the rules o f the Senate to the contrary, I should like to know it.
Mr. GALLINGER. W e can not do business without a quo
rum, o f course. That goes without saying.
Mr. TILLMAN. W e can not do anything without a quorum.
Mr. OVERMAN. I ask for a ruling on the point I have
made.
The PRESID EN T pro tempore. Does the Senator make the
point o f order that the motion has failed?
Mr. OVERMAN. I do. I say that under the general rule
the motion has failed for want o f a quorum.
The PRESID EN T pro tempore. The Chair does not think
the point is well taken.
Upon the call o f the roll o f the Senate 53 Senators have
answered to their names. •
• The Chair w ill again direct the question to be taken on the
s
h^otion o f the Senator from Vermont [Mr. P age ]. The Secre
tary will proceed to call the roll upon the adoption o f the
mo\ion made by the Senator from Vermont to make Senate bill
No. ^ a special order for Saturday next under the terms stated
in the motion which has been read to the Senate.
The Secretary proceeded to call the roll.
Mr] BANKHEAD (when his name was called). I again
announce my pair with the senior Senator from Idaho [Mr.
H ey burn | I will let that-statement stand for the day.
.
Mr. CULLOM (when his name was called). I have a gen
eral pair with the junior Senator from West Virginia [Mr.
C hilton ]. I transfer that pair to the senior Senator from
South Dakota [Mr. Gamble ] and vote. I vote “ jrea.”
Mr. TOWNSEND (when Mr. Jones ’ s name was called). I
again announce the necessary absence o f the Senator from
Washington [Mr. Jones ] on official business.
Mr. McCUMBER (when his name was called).
I again
announce my pair and withhold my vote.
Mr. OVERMAN (when his name w as called). I have a gen
eral pair with the senior Senator from California [Mr. P er
k i n s ].
I do not see him in his seat, and I withhold my vote.
Mr. SUTHERLAND (when his name was called). I again
announce my pair with the senior Senator from Maryland
[Mr. R ayner ] ; but under the arrangement which I have with
him with reference to votes which require a two-thirds m ajor
ity, I am at liberty to vote upon this question. I vote “ nay.”
Mr. W ILLIA M S (when his name was called).
I again
announce my pair with the senior Senator from Pennsylvania
[Mr. Penrose],
The roll call was concluded.
Mr. CURTIS. I transfer my pair with the Senator from
Arkansas [Mr. D a v is ] to the senior Senator from Washington
[Mr. Jones] and vote “ yea.”
Mr. SIMMONS. I have a general pair with the junior Sen
ator from Minnesota [Mr. Clapp ]. I am advised that if pres
ent he would vote as I would on this motion, and therefore I
will vote. I vote “ yea.”
Mr. STONE. I am paired with the Senator from Wyoming
[Mr. Clark ] and withhold my vote.
Mr. REED. I aniiouiice m y pair with the Senator from
Michigan [Mr. S m i t h ], and I withhold my vote.
The result was announced— yeas 33, nays 13, as follow s
Ashurst
Bacon
Borah
Bou rne
Bradley
Bryan
Chamberlain
Cullom
Cummins
Y E A S — 33.
Curtis
Massey
Dillingham
Myers
Nelson
Fletcher
Gronna
Newlands
Johnson, Me.
O'Gorman
Page
Kenyon
Poindexter
McLean
Pomerene
Martin, Va.
Simmons
Martine, N. J.
Brandegee
Bristow
Burton
Crawford
Gallinger
Johnston, Ala.
Lodge
Oliver
Bailey
Bankhead
Briggs
Brown
Burnham
Catron
Chilton
Davis
Dixon
du Pont
Fall
Foster
Gamble
Gardner
Gore
Guggenheim
iIeyburn
Hitchcock
Jones
Smith, Ariz.
Swan sou
Thornton
Tillman
Townsend
Works
N AYS— 13.
Root
Smith, Ga.
Smoot
Sutherland
Wetmore
NOT VOTING— 48.
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Kern
La Follette
Lea
Lippitt
McCumber
Overman
Owen
Paynter
Penrose
Percy
Perkins
Rayner
Reed
Richardson
Sanders
Shively
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Warren
Watson
Williams
C N R
O G ESSIO AL R C R —SEN
N
EOD
ATE
1912.
Mr. BA ILEY . There is not a quorum. Tlie roll itself makes
tlie point o f no quorum. I make the further point that the mo
tion has failed for the lack o f a quorum, and that the Senate
pass to the consideration o f other business.
The PR E SID E N T pro tempore. The same point w as made
by the Senator from North Carolina [Mr. O v e r m a n ] and was
overruled by the Chair, but if the Chair is in error he would
be very glad to have the error designated or pointed out in
regard to that matter.
Mr. B A ILEY . I understand, o f course, that-----The PR E SID E N T pro tempore. The Chair w ill state, with
the permission o f the Senator, that the lulling was made simply
as a matter o f general impression, not in recollection o f any
specific precedent or rule to that effect. I f the Chair is in
error, he would be very glad to be corrected.
Mr. B A ILEY . I have little hope, o f course, o f convincing
the Chair that the ruling is erroneous, but I am perfectly satis
fied m yself that when the motion failed for want o f a quorum
the only thing the Senate can then do is either to adjourn or to
take steps to enforce the attendance o f absent Members.
Mr. BR ISTO W . Mr. President-----The PR E SID E N T pro tempore.
Does the Senator from
Texas yield to the Senator from Kansas?
ilr . BA ILEY. I do.
Mr. B R ISTO W . Since we have nothing to do, I move that
the Senate do now adjourn.
Mr. BA ILEY . We have much to do, and we are willing to do
it. I do not yield for that motion.
The PRE SID E N T pro tempore. The Senator from Texas has
the floor.
Mr. L IP P IT T . Is not a motion to adjourn in order at any
time?
The PRE SID EN T pro tempore. The Senator from Texas
has the floor. The Senator from Kansas did not have the floor
to make the motion.
Mr. BA ILEY. I yielded to the Senator from Kansas because
I thought he intended to interrogate me.
Mr. B R ISTO W . I did not desire to take the Senator off
his feet, but I simply wanted to emphasize the situation we
are in. I f we are unable to do business, we are able to ad
journ ; and if w e are not able to do business, I think w e ought
to adjourn.
Mr. BA ILEY. I am ready to adjourn without day.
Mr. PAGE. W ill the Senator from Texas yield to me for a
moment ?
Mr. BA ILEY. I will.
Mr. PAGE. In view o f the existing situation, I think I have
developed about all I care to do at this time, and, w ith the con
sent o f the Senate, I will withdraw my motion.
The PR E SID E N T pro tempore. The Senator from Vermont
asks the leave o f the Senate to withraw his motion. Is there
objection? The Chair hears none, and it is so ordered.
Mr. GALLINGER. I ask for the regular order.
The P R E SID E N T pro tempore. The Chair w ill direct the
Secretary to again call the roll to ascertain the presence o f a
quorum.
The Secretary called the roll, and the follow ing Senator
answered to their nam es:
Massey
Simmons
Ashurst
Curtis
I!acon
Bailey
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burton
Chamberlain
Clapp
Crawford
Cullom
Cummins
Dillingham
Fall
Fletcher
Gallinger
Gronna
Johnson, Me.
Johnston, Ala.
Kenyon
Lippitt
Lodge
McCumbcr
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
O'Gorman
Oliver
Overman
Page
Perkins
Poindexter
Pomerene
Reed
Root
Sanders
Shively
Smith, Ariz.
Smith, Ga.
Smoot
Sutherland
Swanson
Thornton
Tillman
Townsend
Wetmorc
W illiam s
W orks
Tlie PR E SID E N T pro tempore. On the call o f the roll o f the
Senate 57 Senators have responded to their names. A quorum
o f the Senate is present.
DESIGNATION OF PRESIDENT PRO TEMPORE.
Mr. SMOOT. I ask unanimous consent that the Senator from
New Hampshire [Mr. G allin g er ] be the President o f the
Senate pro tempore from Monday, August 12, 1912, to Saturday,
August 17, 1912, both inclusive.
The PR E SID E N T pro tempore. The Senate has heard the
motion o f the Senator from Utah. W ithout objection, it w ill
be so ordered.
Mr. GRONNA. W e can not hear in this part o f the Chamber.
The PRE SID EN T pro tempore. The Senator from North
Dakota not having heard the motion, the Secretary w ill state it
from the desk.
10649
The S ecretary . The Senator from Utah [Mr. S m oot ] asks
unanimous consent that J acob H. G allin ger , a Senator from
the State o f New Hampshire, be President o f the Senate pro
tempore, to hold and exercise the office in the absence o f the
Vice President from Monday, August 12, 1912, to Saturday,
August 17, 1912, both inclusive.
The PRE SID EN T pro tempore. Is there objection? The
Chair hears none, and it is so ordered.
Mr. SMOOT submitted the follow ing resolution (S. Res. 376),
which was considered by unanimous consent and agreed t o :
Resolved, That the Secretary wait upon the President of
States and inform him that the Senate has elected J acob H .
a Senator from the State of New Hampshire, President of
pro tempore, to hold and exercise the office in the absence
President, from- Monday, August 12, 1912, to Saturday,
1912, both inclusive.
the United
G a l l in g e r ,
the Senate
of the Vice
August 17,
Mr. SMOOT submitted the follow ing resolution (S. Res. 377),
which w as considered by unanimous consent and agreed to :
Resolved, That the Secretary notify the House of Representatives
that the Senate has elected J acob H. G a l l in g e r , a Senator from the
State of New Hampshire, President of the Senate pro tempore, to hold
and exercise the office in the absence of the Vice President, from
Monday, August 12, 1912, to Saturday, August 17, 1912, both inclusive.
COOSA RIVER DAM, ALABAMA.
Mr. BANKHEAD. I ask unanimous consent for the present
consideration o f the bill (S. 7343) to authorize the building o f
a dam across the Coosa River, Ala., at the place selected for
Lock No. 18 on said river.
Mr. SUTHERLAND. I dislike to object to the consideration
o f that bill, but I intend to object to the consideration o f any
bill until we have taken up and disposed o f the Post Office ap
propriation bill. I therefore object to the consideration o f the
bill.
The PRE SID EN T pro tempore. The Senator from Utah ob
jects.
Mr. BANKHEAD. Then I move that the Senate proceed to
the consideration o f the bill, notwithstanding the objection.
The PRE SID EN T pro tempore. The Senator from Alabama
moves that the Senate proceed to the consideration o f the bill,
notwithstanding the objection.
[Putting the question.] The
“ n o e s ” appear to have it.
Mr. BANK H EAD . I now ask unanimous consent for the
consideration o f the bill immediately after the disposition o f
the bill to which the Senator from Utah [Mr. S u t h e r l a n d ]
refers as the reason for objecting to the consideration o f this
bill.
The PR E SID E N T pro tempore. The Senator from Alabama
asks unanimous consent that the Senate agree, after the Post
Office appropriation bill has been acted upon by the Senate, to
proceed to the consideration o f the bill to which he refers. Is
there objection? The Chair hears none, and it is so ordered.
DEPARTMENT OF LABOR.
Mr. BORAH. I gave notice a few days ago that I would
move this morning to take up the bill (H . It. 22913) to create a
department o f labor, but it is rather apparent to my mind that,
considering the conditions in which we find the Senate this
morning, it would perhaps be a waste o f time to undertake to
get that bill lip by motion, especially in view o f the desire o f
the Senator from Oregon [Mr. B ourn e ] to proceed with the
consideration o f the Post Office appropriation bill. I therefore
desire to prefer a request for unanimous consent that upon
next Tuesday, after the routine morning business, the Senate
take up the bill to which I have referred, and that w e vote upon
the bill and the amendments thereto before the close o f that
calendar day, not, however, to interfere with appropriation bills.
Mr. SMOOT. Or conference reports. W ill the Senator ac
cept that suggestion?
Mr. BORAH. Not to interfere with conference reports or
appropriation bills.
Mr. GALLINGER. I must object to that, Mr. President.
The PRE SID EN T pro tempore. The Senator from New
Plampsliire objects.
Mr. BORAH. Well, Mr. President, I w ill ask, Is the Senator
from New Hampshire objecting on account o f the particular day
I have asked to be fixed for tlie consideration o f the bill?
Mr. GALLINGER. Mr. President, I suppose there are 50
and perhaps 1 0 0 bills on the calendar as to which Senators
would be glad to have special orders made for their considera
tion. I do not know why we should select this particular bill
It is going to lead to considerable debate, at least it w ill lead
to some debate, and I think the Senator from Idaho had better
let it remain a little while on the calendar. It has been there
only a few days, and perhaps after a few days more consent for
its consideration might be g iven ; but I think this morning that
consent ought not to be given. So I object, on the ground that,
as I have stated, I think the bill ought to remain on the calendar
10650
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
a little while longer so that we may look into it and give it more
consideration than I at least have been able to give up to the
present time. There are half a dozen interests in this country
demanding departments. The medical profession want a de
partment ; the transportation people want a department; and I
apprehend that, while we have a Bureau o f Mines now, they
will want a department after a little while. It is a very serious
question whether we want to enlarge the departments of the
Government any further at the present time. I certainly want
to look into the matter.
Mr. BORAH. Very well, Mr. President, I realize that it is
an important question and may lead to some little discussion,
but the fact that the people want a department is not conclusive
evidence that they should not have it.
Mr. GALLINGER. That is what the physicians say, that
there is no reason why they should not have a department.
Mr. BORAH. The Senator from New Hampshire ought to
know the weaknesses o f the physicians; I do not.
Mr. GALLINGER. I do not know that there is any weak
ness about it. I simply question the propriety of it at the
present time; that is all. Hence I oppose it.
Mr. BORAH. Mr. President, I am not going to urge the
matter this morning, partly on account o f the suggestion o f the
Senator from New Hampshire, as I presume that he w ill come
around in time to support the proposition, as he always does
good measures, but principally for the reason that I think it
but fair that the Post Office appropriation bill should be gotten
out o f the way. I do, however, want to suggest that I shall
feel constrained to urge the bill at the very earliest opportunity,
especially in view o f the fact that two o f the great political
parties have indorsed it, and that it is important that we begin
to carry out our platforms if we can.
POLITICAL CAMPAIGN CONTRIBUTIONS.
Mr. DILLINGHAM . At the request o f some Senators who
are particularly interested in the passage o f the bill, I want
to give notice that on Monday morning next, following the com
pletion o f the routine morning business, I shall ask the Senate
to take up and consider the bill (S. 3315) to prohibit corpora
tions from making contributions in connection with political
elections and to limit the amount o f such contributions by
individuals or persons.
TENURE OF PRESIDENTIAL OFFICE.
Mr. BAILEY. Mr. President, I had given notice that at the
conclusion o f the routine morning business to-day I would
move that the Senate proceed to the consideration o f the Sen
ate joint resolution (No. 78) to amend the Constitution with re
spect to the tenure o f the presidential office, but I think it is
only fair to the Senator from Oregon [Mr. B o u r n e ] to get out o f
his way until we can dispose o f the Post Office appropriation bill.
I therefore give notice that immediately after the Senate has
disposed of the unanimous-consent order granted at the request
of the Senator from Alabama [Mr. B a n k h e a d ] , I shall move
that the Senate proceed to the consideration o f that joint reso
lution, unless some other Senator will relieve me from that
necessity. I prefer, o f course, that the Senator who introduced
the joint resolution or the Senator who reported it should make
the motion.
Mr. GRONNA. Mr. President, I want to address myself to
the Senator from Texas, if he will listen to me. I had hoped
that the Senator from Texas would at least move to take up
the joint resolution to which he has referred this morning and
explain it to the Senate.
Mr. BAILEY. I shall not do that, for two reasons. In
the first place, I think the Senate, in its present frame of
mind, would vote the motion down, and I am not sure
but that it would be asking too much o f the Senate to
ask it to delay the consideration o f the Post Office appropria
tion bill any longer. I also refrain from doing it in the hope
that the Senator who reported the joint resolution will make
the motion, or that the Senator who introduced it w ill make it,
and I feel sure that one or the other w ill do so.
Mr. GRONNA. I want to say, Mr. President, that I should
be very glad to have an opportunity to vote upon the joint
resolution; but it will be impossible for me to be here next
week. For that reason I suggest that the resolution be called
up now.
Mr. CUMMINS. Mr. President, I reported the joint resolu
tion, and I intend to bring it before the Senate at the very first
moment at which I think the Senate w ill be willing to consider
it, in view o f the other business which is before the Senate.
Mr. W ORKS. Mr. President, as the author o f the joint reso
lution has been referred to, I desire to say that I have been anx
ious to secure consideration for the joint resolution at the
earliest possible day. I have deferred, however, as a matter o f
A ugust
10,
courtesy, to the Senator from Iowa, who reported i t ; but 1 am
exceedingly anxious that the joint resolution shall be consid
ered at an early day.
Mr. BAILEY. Mr. President, I recognize, o f course, that all
the proprieties require that the matter shall be left with
the Senator who proposed the joint resolution or the Senator
who reported i t ; I also recognize that either Senator is quite
equal to the task o f conducting its consideration through the
Senate; but I am extremely anxious that it shall be brought
with as little delay as possible, before the Senate, because f
am satisfied from conversations with Senators, who have volun
teered their opinions, that if it can be brought to a vote, it
will command the necessary two-tliirds. I desire to see it
pass the Senate at this session, so that it may pass the House
at the next session and be submitted to the legislatures o f the
various States which will convene during the next wintertime.
In that way it can not affect the election which will be held
before the amendment can be made part o f the Constitution
and yet it will be voted upon far in advance of the following
election, and can not possibly be supposed to have relation to
the candidacy o f any particular individual.
POST-OFFICE APPROPRIATION BILL.
Mr. BOURNE. I move that the Senate resume the consider
ation o f the Post Office appropriation bill.
The motion was agreed to ;• and the Senate, as in Committee
o f the Whole, resumed the consideration o f the bill (H. R.
21279) making appropriations for the service o f the Post
Office Department for the fiscal year ending June 30, 1913, and
for other purposes.
The PRESIDEN T pro tempore. The pending amendment
will be stated.
The S e c r e t a r y . On page 37, beginning in line 15, the com
mittee amendment is proposed to strike out down to and in
cluding line 22, on page 39, and in lieu thereof to insert:
That a joint committee shall be appointed, composed of three mem
bers of the Senate Committee on Post Offices and Post Roads, and
three members of the House Committee on the Post Office and Post
Roads, to be designated by the respective chairmen thereof, to make
an inquiry into the subject of Federal aid in the construction of high
ways, and report at the earliest practicable date, and said committee
shall have power to employ such clerical and stenographic assistance
as may be necessary and conduct hearings, and for the payment of
the expenses of such inquiry there is hereby appropriated the sum of
$5,000 to be paid upon vouchers signed by the chairman of said com
mittee.
Mr. SIMMONS. Mr. President, I liope tlie amendment pro
posed by the Committee on Post Offices and Post Roads striking
out the House provision for Government aid to postal roads and
substituting for it a commission will not be adopted. It is said
by the opponents o f the House plan that the legislation proposed
is crude, immature legislation. I do not think s o ; on the con
trary, I think it fully meets the situation. I think it provides
a just, equitable, and workable plan for contribution by the
Government for the maintenance and upkeep o f such roads as
it is now using in the discharge o f its constitutional duty every
day o f the week. The opponents o f this measure— those inter
ested in its defeat, those who think the Government should
confine its assistance to good road building, to building great
national highways connecting the great cities o f the country__
naturally look upon this simple plan as crude and objection
able, because it is not the way they want it done; but, to the
people who have to keep up these roads which the Government
has organized and established into postal roads and is using
in carrying the mails, the plan proposed is an exceedingly direct, simple, and equitable one.
I do not mean to oppose the construction o f national- high
ways connecting important centers. These highways will serve
an admirable purpose. But the benefits will be far more cir
cumscribed and w ill bear but remote relation to the postal
service.
The plan proposed in the House bill is a plan for the distri
bution of the governmental contribution, not among a few locali
ties and sections but throughout the whole country wherever
there is a postal ro a d ; the contribution is to be as broad as the
postal service; it is intended to make that service more expedi
tious and efficient; it is intended to cheapen transportation from
the farm to the railroad; it is intended to make the postal
service a national service— one in which all the people are
equally interested, the burdens to be borne by the people as a
whole— without imposing special burdens and hardships upon
detached portions o f the system. In this connection the Gov
ernment is asked to do nothing more than to contribute its part
to keep up every section o f road which it uses in discharging
its constitutional duty to supply the people, aud all the people,
with adequate mail facilities— the people o f the country as well
as the people o f the towns.
1912.
SSIONAL RECORD- ■SENATE.
The SECREt.vRV.jf On page 37. line 15, in lieu o f the w ords
proposed to beSdneken out by the Senate committee it is pro
posed to insert the follow in g:
That there shall he, and is hereby, annually appropriated, out of any
money in the Treasury not otherwise appropriated, to be paid as
hereinafter provided, to each State for the building and repairing of
good roads for star and rural routes now established, or which may
be hereafter established, the sum of ?2 5 0,000 for the year ending .Tune
30, 1913, and an annual increase o f the amount of such appropriation
thereafter for 10 years by an additional sum of s 25,000 over the pre
ceding year, to be applied only for the building and repairing of good
roads for rural and star ‘ routes, established or hereafter established :
Provided, That no State shall receive any of the benef’ ts of this act
unless such State shall appropriate a sum at least equal to the amount
herein appropriated for a similar purpose.
S e c . -— . That the sums hereby appropriated to the States for the
support and maintenance of good roads for rural and star routes now
established, or hereafter to l>e established, shall be annually paid on
or before the 3.1st day of July of each year by the Secretary of the
Treasury upon the warrant of the Secretary of Agriculture and Post
master General, out of the Treasury of the United States, to the
State treasurer, or to such officers as shall be designated by the laws
of said State to receive the same, and such treasurer shall be required
to submit to the governor of each State, and the governor to the
Postmaster General and the Secretary of Agriculture, on or before the
1st day of September o f each year, a detailed statement of the amount
so received and of its disbursements. The grants of moneys author
ized by this act are made subject to the legislative assent of the sev
eral States to the purpose of said grants : Provided, That payment of
such installments of the appropriation herein made as shall become
due to any State before the adjournment of the regular session of the
legislature of such State meeting next after the passage of this act
shall he made upon the assent of the governor thereof, duly certified
to the Secretary of the Treasury.
S e c . — . That if any portion of the moneys received by the desig
nated officers of the State for good roads for rural and star routes
as provided in this act shall, by any action or contingency, be dimin
ished or lost or be misapplied, it shall bo replaced by the State to
which it belongs, and until so replaced no subsequent appropriation
shall be apportioned or paid to' such S ta t e ; the governor of each
Slate shall report to the Secretary of Agriculture and the Postmaster
General regarding the condition and progress of the road built or
repaired, including statistical information in relation to its receipts
and expenditures.
S e c . — . That on or before the 1st day of July in each year, after
the passage of this act, the Secretary of Agriculture and the Post
master General shall ascertain and certify to the Secretary of the
Treasury as to each State whether it is entitled to receive its share
o f the annual appropriation for good roads for rural and star routes
under this act, and the amount which thereupon each is entitled, re
spectively. to receive.
If the Secretary of Agriculture and the Post
master General shall withhold a certificate from any State of its
appropriation, the facts and reasons therefor shall be reported to the
President, and the amount involved shall be kept separate iu the
Treasury until the close of the next Congress, in order that the State
may, if it should so desire, appeal to Congress from the determina
tion of the Secretary of the Interior.
If the next Congress shall not
direct such sum to be paid, it shall be covered into the Treasury. And
the Secretary of Agriculture and Postmaster General are hereby
charged w ith 'tlie proper administration of this law.
S e c . — . That tlio Secretary o f the Interior shall annually report
to Congress the disbursements which have been made in all the States,
and also whether the appropriation o f any State has been w ithheld;
and if so, the reasons therefor.
S ec . — . That Congress may at any time amend, suspend, or repeal
any or all of the provisions of this act.
• Mr. SWANSON. Mr. President, this is practically a motion
to' strike out the House provision and to insert what has been
read. There is already a motion pending from the committee
to strike out the House provision and to insert the amendment
offered by the committee. My point o f order is that we must
lirst vote on the committee amendment to strike out and insert,
instead o f the amendment now proposed by the Senator from
North Carolina. The motion o f the Senator from North Caro
lina is to strike out the House provision for road im prove
ments and to insert the provision he has offered.
Mr. OVERMAN. Mr. President, this is an amendment to per
fect the House provision before the Senate amendment is voted
on. That lias been held time and again to be in order so as to
perfect tlie text. I f my amendment is adopted as stated by tlie
Presiding Officer oil Saturday, then tlie question w ill come
upon tlie motion o f the committee to strike out and insert. That
is the parliamentary situation us stated by the Presiding Officer
on Saturday.
Mr. BOURNE. Mr. President, I stated on Saturday that as
between the two provisions tlie Senator's amendment and tlie
Shackleford provision as it appears in tlie House bill, I prefer
liis for the reason that it provides for cooperation; but I stated
further that I should vote against its adoption, because I
thought it better to have the committee substitute than either.
Mr. SM ITH o f Georgia. Mr. President, there is at least one
amendment pending to the House provision. I submitted an
amendment to the House provision which has been printed, and
I think we are first entitled to perfect the House provision
before any amendment in tlie nature o f a substitute should bo
inserted.
Mr. SWANSON. Mr. President, tlie Senator from Georgia
has offered an amendment to tlie House provision which is to
perfect the text. O f course, the Senator from North Carolina
10707
is right that the text must be perfected before a motion is made
to strike out and in sert; but that is not the motion o f the Sena
tor from North Carolina. The motion o f the Senator from
North Carolina is to strike out the House provision and to insert
his amendment.
The PRE SID EN T pro tempore. The Chair was not inform ed
o f the fact that there was any motion pending to perfect the
House provision.
Mr. SM ITH o f Georgia. My amendment has been printed,
and I should be glad to have it read.
Mr. OVERMAN. Of course, the amendment o f the Senator
from Georgia is first in order.
The PR E SID E N T pro tempore. Unquestionably the amend
ment proposed by the Senator from Georgia is first in order
and w ill now be stated.
The S ecretary . On page 39, line IS, after the words “ Post
master General,” it is proposed to insert the follow in g :
Provided, That no part of said funds shall be paid to an officer in
any State until the legislative authority of such State shall by law
designate the officer or officers to receive it, and fix the manner of its
use in aid o f road improvement, and prescribe safeguards to enforce
such use.
The PRE SID EN T pro tempore. The question is on the
amendment proposed by the Senator from Georgia.
T h e amendment was agreed to.
The PRE SID EN T pro tempore. The Senator from North
Carolina [Mr. O v e r m a n ] now moves to strike out the provision
and to insert the matter which has heretofore been read. The
question is on that motion.
Mr, OVERMAN. As some Senators were not present when I
offered the amendment, I w ill now explain it.
The PRE SID EN T pro tempore. The Chair is constrained to
overrule the point o f order made by the Senator from Virginia
[Mr. S w a n s o n ]. The question is upon the amendment sub
mitted by the Senator from North Carolina.
Mr; OVERMAN. Mr. President, this amendment provides for
a cocfcerative system o f working on public roads. I f the Gov
ernment is going to enter upon that operation, it is proposed
to provide that tlie Government shall give ,$250,000, and before
the States shall receive their proportion they shall appropri
ate ii similar amount, which would make $500,000. Then, in
dividing the money among the counties o f the State, that tlie
comities shall appropriate a certain amount, the townships so
m /ch , and the road districts so much. So that they w ill all
b* in cooperation with the Federal Government, and the State
governments, the counties, tlie townships, and the road districts
will all be contributing, and there w ill not be a State in the
Union which, under this proposed appropriation, w ill not receive
&s much as a million dollars for road work, the Government
^appropriating but $250,000.
t
Mr. POMERENE. Mr. President— —
The PRE SID EN T pro tempore. Does tlie Senator from
North Carolina vield to the Senator from Ohio?
Mr. OVERMAN. I do.
Mr. POMERENE. Does not the amendment proposed by the
Senator from North Carolina provide that there shall be the
same appropriation o f $500,000 to each and every State, regard
less o f its population and regardless o f the number or the
length o f the roads, whether improved or unimproved? In
other words, that the State o f Delaware and the State o f Rhode
Island would receive exactly the same amount as would be
received by tlie State o f New York, the State o f Texas, or
tbe State o f Ohio?
Mr. OVERMAN. That is exactly right, except that I have
modified tlie amendment so as to appropriate to each State
$250,000 instead o f $500,000. I ought to say that that has been
the policy o f this Government for 75 ^years or more. In 1S32,
on motion o f Mr. Clay, money was divided in that way, and the
money under the M orrill Act in aid o f education was divided
the same way, and to-day every State, including D elaw are and
New York and North Carolina and Ohio, are receiving the same
amount o f money from the Public Treasury for the purpose o f
education.
Mr. POMERENE. Mr. President, I am not fam iliar w ith
the M orrill A c t; but does it not seem to the Senator that school
funds should be distributed per capita rather than given to a
State without respect to population?
Mr. OVERMAN. That has not been the policy o f this Gov
ernment. It divides such money equally. Your experiment
station to-day in Ohio is getting the same amount as the experiment stations in Delaware and North Carolina. There is
only one w ay to work such a matter out. The State is the unit
o f this Government. My idea is : I f the Government is going
to extend aid, give each State the same amount and then let
10708
CONGRESSIONAL RECORD—SENATE.
tlie States administer the fund. Let the States take the money,
let the States appropriate similar amounts, let the counties
appropriate, and we will have a working system in which the
Government, the road districts, the counties, and the State
governments will cooperate.
Mr. POMEItENE. I agree with the Senator that every politi
cal unit o f the State should participate in this movement for
good roads. The States should take a hand, as should the
counties and the road districts; but at the same time it does
seem to me that it is unfair to the great State o f New York,
the great State o f Texas, and the great State o f Ohio, that they
should get as much aud no more than is to be distributed to the
small State of Delaware, the small State o f Rhode Island, or
such States as New Mexico and Arizona, which have substan
tially no improvements whatsoever so far as public highways
are concerned.
Mr. OVERMAN. The State o f Delaware has two Senators
here and the State o f Nevada has two Senators. There is no
other way to make such a distribution that I can conceive of.
I f we should divide the money according to population, New
York would get so much more than Delaware and Ohio that
it would not be fair. Delaware contributes to this Govern
ment as a u n it; so does North Carolina; so does New Y o rk ; so
does Ohio; and so do all the other States.
Mr. POMEItENE. My thought is now and has been that
the Federal Government should do everything it can do for the
purpose o f encouraging the building o f permanent roads.
Mr. OVERMAN. The Senator and I agree on that, except
as to the method o f distributing the money.
Mr. POMEItENE. I think we do, and I hope that some
method may be devised whereby we can bring about a ju st and
equitable arrangement.
Mr. JOHNSTON o f Alabama. Mr. President, I rise to a point
of order.
The PRESIDEN T pro tempore. The Senator from Alabama
rises to a point of order. The Senator w ill state it.
Mr. JQIiNSTON o f Alabama. The unanimous-consent agree
ment provides that no Senator shall speak more than once on
this question, or for a longer period than 1 0 minutes.
Mr. OVERMAN. Have I spoken for 10 minutes?
Mr. JOHNSTON o f Alabama. It also provides that no Sen
ator shall speak more than once.
r
The PRESIDEN T pro tempore. The Senator from North
Carolina has not as yet exhausted his time.
Mr. JOHNSTON o f Alabama. I call the attention o f the
Chair to the fact that no Sen'ator shall speak more than once
nor for a longer period than 1 0 minutes.
Mr. OVERMAN. Have I spoken more than 10 minutes?
Mr. JOHNSTON o f Alabama. The Senator has spoken more
than once.
Mr. POMERENE. Mr. President, it has not been my desire
to take up the time o f the Senator from North Carolina, but I
will be obliged in a few moments to leave the Chamber, and I
wanted to bring out distinctly what were the provisions o f the
amendment.
Mr. OVERMAN. I have tried to explain to the Senator. I
think if this proposition could go into conference, probably
some idea might be suggested along this line which would be
bettor than the House provision.
The PRESIDEN T pro tempore. The question is on the
amendment submitted by the Senator from North Carolina [Mr.
O verm an ].
The amendment was rejected.
Mr. TOWNSEND. I desire to have read at the desk a letter
which I have received with reference to this matter from the
Hon. H. S. Earle, for several years road commissioner of the
State o f Michigan, who I think is perhaps as much interested
in the subject as any man o f -whom I know.
The PRESIDEN T pro tempore. W ithout objection, the letter
will be read in the Senator’s time.
The Secretary read the letter, as fo llo w s:
H . S. E ar le M a n u f a c t u r in g C o .,
Detroit, Mich., August 10, 1912.
Hon. CrtAiiLES E. T o w n s e n d ,
United States Senator, Washington, D. C.
M y D ear S en ator : I am in receipt of your telegram w h ich reads as
follows :
“ Hon. H o ratio S. E a r l e ,
“ Detroit, M ich.:
“ House bill provides for Federal aid to roads o f $25 per m ile fo r
stone, $20 for gravel, and $15 for dirt. Senate proposes to amend by
appointing a commission to investigate and report a plan at next ses
sion of Congress. W hat in your opinion should be done? Personally,
I believe House provision is worse than useless.
“ Chas . E. T ownsend.”
A
u g u st
12,
In answer to the above you are right In your opinion regarding the
matter.
To scatter money, like House bill proposes, all over the United
States would be as foolish as to sow a pint of wheat to the acre and
expect to get a good crop.
“ W hat is worth doing at all is worth doing well.”
The National Government can not afford to become a party to flimsw
road building.
y
Congress should appropriate $200,000 to pay for a preliminary sur
vey and estimate of cost for a great national highway, connecting all
States in the Union, and provide for the appointment of a commission
to be composed of men of national repute in the work, and they should
be given power to employ the best civil engineers for the purpose.
When this report is filed Congress would know how many miles long
the whole road would be and how many miles there would be in each
State.
Then Congress should pass the necessary enabling act to sell sufii
cient bonds to raise sufllcient money to build this entire road, and also
provide for its permanent repair at the expense of the National
Government.
It should be completed in five years, and one-fifth of the miles to
bo built in each State should be built each year.
As a military road, as a post road, as a property value-raising road
and as a sample road it would be of inestimable value to every State. *
It would educate in the art of road building hundreds and thousands
in every State.
It would be following the precedents established in other civilized
countries.
Respectfully, yours,
II. S. E arle .
Mr. SWANSON. Mr. President, I only wish to take about
five minutes.
The amendment offered by the Senator from Georgia [Mr,
S m i t h ] and adopted, eliminates practically all objections which
have been urged against the House provision. The House bill
provides for the distribution o f about $18,000,000 for roads all
over the country if they are improved up to certain standards
fixed in the bill. The objection has been urged against that
provision that it provided no safeguard to see that the money
was properly expended in the future for the improvement of
roads. That objection has been strenuously urged in the Senate •
but the Senator from Georgia has offered an amendment to the'
House provision, and it has been adopted, which provides that
the money shall be paid to a person authorized by the legisla
ture in each State, and the legislature o f each State shall pass
a law determining how the money shall be spent; so that it is
left to the authorities o f the State to determine in what manner
the amount shall be expended. The State will be authorized to
provide, if it so desire, that the money shall be expended on
the condition that the county or the local authorities will fur
nish an equal amount, and the State w ill have the right to expend that money in permanent road improvement— for the con
struction o f macadam roads— if the State so wishes.
Unless Senators think a State is incompetent to do what is
right and wise for road improvement, unless they think the
State governments are useless and have proven failures, there
can be no objection to the House provision as amended on
motion o f the Senator from Georgia. I f any State receives,
say, a million dollars or a half million dollars under the bill as
amended, it would be left to the legislative authority o f that
State to determine how that money should be expended. I have
confidence in the wisdom and in the integrity and in the good
intentions o f the State legislatures, and I believe there will be
no waste o f the money under the road provision o f the House
bill as it has been amended.
What will be the advantage that w ill accrue from the adop
tion of this measure? In the first place, for the next 12 months
every road in the United States must be improved, must be
made to conform to a certain standard or condition provided
in this bill, in order to obtain the aid provided. For the next
1 2 months efforts will be made by the supervisors o f the roads
to get them in good condition, so that their States can receive
the Federal aid. I believe if this bill is passed, for the next
12 months in the United States there w ill be more activity, more
energy, and more effort directed toward the improvement of
roads than ever existed before. It will be a stimulus. Here is
a reward or a prize given to every road overseer in the United
States, whether his jurisdiction extends over dirt roads or hardsurface roads or macadam roads. W e say to him, in effect,
“ Improve your roads for the next 12 months, get them in
good condition, have them well drained, have them smooth, fill
up the mudholes, and if you will keep them so for 1 2 months,
at the end o f that 12 months the Government will give you the
amount named in the bill.” It is an effort to stimulate tiie local
authorities. It is an effort to get the people, by the offer of
this prize, to improve their own roads.
But the bill as amended goes further. After that, money is
paid it is turned over to the officer designated by the S tate; and
the officers in each State must determine the best methods of
its expenditure and make provision to see that it is wisely spent
in the improvement o f the roads. As I have said, with the
C N R
O G ESSIO AL R C R —SEN
N
EOD
ATE
1912
Agriculture. The purport o f the paragraph is decidedly in oppo
sition to the adoption o f the House amendment-----The PRE SID E N T pro tempore. The request o f the Senator
from Oregon to insert certain matter in the R ecord w ill be
agreed to, if there be no objection.
The matter referred to is as follow s:
Mr. P ag e . Mr. Chairman, that is a pretty big question, so suppose
I present it in this w a y : Up to the present time about 62 bills for
national aid in some form have been presented to this Congress, and
they call for very large sums of money. There are a great many of
them the results of which have not been considered and the effects of
which, I think, would be very dangerous.
I consider this measure
among the more dangerous.
If all the roads of this country— there
are about 2 ,250,000 miles— were constructed in a first-class manner it
would cost about $22,000,000,000.
That is a very conservative esti
mate. I think there are only about $16,000,000,000 in the world, and
four or five billion of that are unsecured notes. If we were to sprinkle
the roads of this country for one summer season with ordinary water
ing carts and water it would cost about $880,000,000, which is
$ 2 0 0,000,000 more than the national revenue. Any plan for the Gov
ernment to participate seems to me to require a good deal of considera
tion. I have read all the bills which have been presented for a number
of years, and the plan which seems to me to be the most reasonable and
practicable for the Government is one for the Government to select a
definite system of roads, to be considered from the standpoint of agri
culture and commerce, the delivery of the mails, and the national de
fense, that system not to exceed 1J per cent of the total mileage of the
country.
That would give the United States about 33,000 miles of
road under this system, which would be the greatest road system under
one management In the world.
The French have about 23,000 miles.
The construction of 33,000 miles of road would require a larger ex
penditure than I believe the Government could make— that is, to build
the roads in sufficient time to suit the general demands of the public.
However, if the Government were to adopt this system it could make
an agreement with any State that had already improved any portion
of this system falling within its limits to take over that portion and
maintain it forever afterwards in first-class condition.
It could make
the same agreement with any State that would in the future build any
portion of that system of roads or all of the system falling within that
State, the Government to take over the road and maintain it forever
afterwards. That would be fair to the older States that have borrowed
money and raised it by taxation and have already improved their roads.
They would not lose in any way by that, it would be a great incentive
for the States which have not spent any money on their roads, and it
would be excellent business for them to immediately borrow money and
have the portion of the system within their borders constructed accord
ing to the Government’s standard. I think when this entire 33,000-mile
system was completed it would not require over $ 3 5 ,000,000 yearly for
maintenance in first-class condition.
That would relieve the Government of an enormous expenditure for
construction and you would get definite results.
I t would give the
United States the largest system or unit of road of any country in the
world.
Mr, BOURNE.. I should also like to insert in the R ecord a
statement from the Postmaster General, contained in his letter
of June 21, addressed to the committee, in which he specifically
states he is opposed to it on the ground that it would be im
practicable.
The matter referred to is as fo llo w s :
Office
of the
P ostmaster General,
Washington, D. C., June SI, 1912.
lion. J o n a t h a n B o u r n e , J r.,
Chairman Committee on P ost Offices and P ost Roads,
United States Senate.
M r D ea r S e n a t o r : I am in receipt of your communication of the
14th instant making certain inquiries with respect to the provision in
corporated in the Post Office appropriation bill for the fiscal year end
ing .Tune 30, 1913, as passed by the House of Representatives, which
provides that whenever the United States shall use certain highways
for the purpose of transporting rural or star route mail compensation
at specified rates per annum for each mile traveled shall be made to
the proper State officers.
In reply to your inquiry as to what would be the total expense of
classifying the roads, I beg to state that it would undoubtedly be nec
essary for a representative of the Government to make an inspection
of each road sought to be brought within one of the classifications pre
scribed in the bill. The proposed legislation provides “ that any ques
tion arising as to the proper classification of any road used for trans
porting rural or star route mail shall be determined by the Secretary
of Agriculture,” and, although the bill does not expressly so state, it
would seem to follow that not only should all questions as to the proper
classification of roads be determined by the Secretary of Agriculture,
but that he should also cause the classification to be made.
An estimate of the cost of the initial classification and of subse
quent classifications has been made by the Director of Public Roads,
Department of Agriculture, and appears on page 5726 of the Con
g r e s s io n a l R ecord for April 27, 1912.
The mileage of the rural and
star routes has not changed materially since this estimate was made,
and, as the Office of Public Roads is in the possession of far more data
pertaining to highways than is this department, I have no reason to
doubt the substantial accuracy of the director’s estimate that the an
nual charge to the Government for the use of the roads now traveled
bv rural and star route carriers would amount to $16,116,500 per an
num, exclusive of the cost of classification, which is estimated at
$750,000 for the first vear and at $200,000 per annum thereafter.
W ith reference to your inquiry as to whether this work could be
done by the present force of inspectors or whether an additional force
would be required, I beg to state that no part of the number of in
spectors for which provision is now made would be available for as
signment to the duty in question. Owing to the vast mileage requir
ing inspection and the limited time within which the classification
would necessarily have to be completed, a large number of additional
inspectors would be required. Under the Post Office Department pro
vision is now made for 375 inspectors, exclusive of inspectors in charge,
numbering 15, and the entire force is now working at its full capacity.
To perform this work within the limited time necessary, if it be in
tended that it should be done by this department, would require several
hundred additional inspectors. A s the proposed legislation would take
effect July 1, 1913, and as it is prescribed that payment would be made
at the end of the fiscal year, the work of inspection could not be prop
erly begun until the date mentioned.
It will thus be seen that the
actual work of classification would necessarily have to be done within
the first six or eight months of the fiscal year beginning July 1, 1913,
and would require during that period the unremitting services, it is
estimated, of at least 350 inspectors or agents. During the remainder
of the same fiscal year a very material addition, which is almost im
possible to estimate, to the departmental clerical force would be re
quired for the purpose of tabulating the information submitted by the
road inspectors and of presenting it in proper foirm on which intelligent
action could be based.
Inspectors so added to the regular force should be entitled to receive
at least $ 1 ,500 each, with a per diem allowance not to exceed $3 for
expenses of travel.
In this connection, permit me to suggest that if it should be determined
to enact the proposed legislation, with its attendant expenses for rental,
classification, etc., the committee consider the advisability of pro
viding specifically that none of such expenses be made a charge
against the revenues of the Post Office Department. For the first
time in many years the department is now practically self-sustaining,
and it would be manifestly unfair, in my opinion, to allow such pay
ments, from which no possible benefit to the Government could accrue,
to create another deficit in the department’s finances and thus possibly
cause an indefinite postponement o f some postal reforms, such as 1-cent
letter postage, for which there is now a widespread public demand.
In conclusion, I desire to call the special attention of the committee
to my letter to you under date of May 22, 1912, relating to an amend
ment intended to be proposed by Senator G ore to the pending Post
Office appropriation bill. That letter read, in part, as follows :
“ The proposed legislation for which the amendment in question
would be substituted, provides, in effect, that certain highways of the
several States shall be divided into three classes, according to grade,
width, and construction, and that whenever the United States shall use
such highways for the purpose of transporting rural or star-route mail
compensation, at specified rates per annum for each mile traveled shall
be made to the proper State officers. Nowhere in the bill is it prescribed that the money so paid by the Government shall be used for
highway improvements, nor is any provision made for cooperation in
that regard between State and Government officers. The proposed
payments seem, therefore, to amount substantially to a subsidy to be
paid by the United States for the use of public highways for the pur
pose of continuing to the public a service which, although its benefits
are recognized and appreciated in every quarter, is even now the source
of an apparent loss of many millions of dollars annually.
“ Before such loss is further augmented, as would be practically the
case if the provision now incorporated in the bill as it passed the House
of Representatives were enacted into law, it is believed that the matter
of payment by the Government of compensation for the use of public
highways by it3 mail carriers should be made the subject of an ex
haustive investigation by a body, constituted either as proposed by
Senator G ore or in some other acceptable manner, which would make
a careful study of all questions involved and submit a report to Con
gress which could be made the basis of thoughtful deliberation and
intelligent action.”
Before reporting the bill, the committee will, of course, give most
careful consideration to this matter in all of its phases, but, in ampli
fication of the foregoing letter, I beg to direct atttention to the fact
that, by analogy, if the Government is to be called upon to pay for the
use of public highways by rural or star-route mail carriers, it is not
unreasonable to assume that it will only be a m atter of time when it
will likewise be called upon to pay for the use of sidewalks by city
letter carriers and of streets by mail wagons. One proposal is just as
reasonable as the other, and i f payment is to be made m the one case
a demand that payment be made in the other will be difficult if not
impossible, to deny.
It need not he stated here that this department is in favor of good
roads and will heartily indorse any broad, comprehensive plan of road
improvement providing for cooperation in that regard, financial or
otherwise, between Government and State officers, but I am stronglv of
the opinion that the proposed legislation, which provides for pavments
of sums entirely inadequate to produce any tangible or appreciable re
suits, would utterly fail to accomplish the desired end, and would in
effect, constitute nothing more than a useless and indefensible drain on
the Treasury of the United States.
Y o u rs, v e ry tru ly ,
F r a n k IT. H it c h c o c k ,
Postm aster General.
Mr. BOURNE. I would also like to insert in the R ecord a
statement from tlie Secretary o f Agriculture as set forth in a
letter o f June 2G, addressed to the chairman o f the committee
which I w ill read, as it is short :
O f f ic e of t h e S e c r e t a r y
Washington, June 26,’
19 12
ITon. J o n a t h a n B o u r n e ,
Chairman Committee on P ost Offices and P ost Roads,
United States Senate
D ea r S e n a t o r : In reply to your letter of June 22, asking for i
formation concerning the possible participation of this department :
the carrying out of the Shackleford amendment to the Post Officp n
propriation bill, I have the following statement to m ake:
(1) There is no available force in this department at nresent +1,,
avaname iorce
tins
m vw n t
could be assigned to this work.
1 0 1 U1!
r
?
( ) The appropriation recommended for the Office of Pnhlio t ™ ,
for the coming fiscal year is $202,120, all of which is apnortioneri0 w
special lines of work.
11
( 3 ) A force of from 250 to 300 trained men would he n e c e s s i r v i
classify the post roads as designated in the Shackleford bill
Tt won
be exceedingly difficult, if not impossible, to obtain and organize sue
a force, the duties of which would occupy such a short period'of time
(4 ) The cost for the first year for making such a classification woul
probably be from $750,000 to $1,000,000, and this work would be t
an absolutely nonproductive nature.
(5 ) The cost of continuing this classification after the first ve<i
would probably be between $200,000 and $300,000 per year, dependin
on the demand for the work.
v
2
10712
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
Hoping that I hare .answered these questions to your satisfaction,
1 an1’
V e r y r e s p e c t fu l l y ,
J a m e s W i l s o n , Secretary.
A ugust 12,
L e a ] to the senior Senator from South Dakota [Mr. G a m ble ]
and vote. I vote “ yea.”
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P e r c y ].
I transfer that pair to the junior Senator from North
Dakota [Mr. G r o n n a ] and vote. I vote “ yea.”
Mr. TOWNSEND (when the name o f Mr. S m i t h o f Michigan
was called). My colleague [Mr. S m i t h o f Michigan] is un
avoidably absent from the city. He is paired with the junior
Senator from Missouri [Mr. R e e d ] .
Mr. SM ITH o f South Carolina. I have a pair with the Sen
ator from Delaware [Mr. R i c h a r d s o n ] , I transfer that pair
to the Senator from Indiana [Mr. K e r n ] and vote. I vote
“ nay.”
Mr. SUTHERLAND (when his name was called). I am
paired with the Senator from Maryland [Mr. R a y n e r ] . On
account o f his absence I withhold my vote.
The roll call was concluded.
Mr. LODGE. I desire to announce that my colleague [Mr.
C r a n e ] is paired with the Senator from Arkansas [Mr. D a v i s ] ,
that the Senator from New Jersey [Mr. B r i g g s ] is paired with
the Senator from West Virginia [Mr. W a t s o n ] , that the Sena
tor from Nebraska [Mr. B r o w n ] is paired with the Senator
from Oklahoma [Mr. O w e n ] , that the Senator from Montana
[Mr. D i x o n ] is paired with the Senator from Texas [Mr.
B a i l e y ] , that the Senator from Delaware [Mr. d u P o n t ] i s
paired with the Senator from Texas [Mr. C u l b e r s o n ] , that the
Senator from New Mexico [Mr. F a l l ] is paired with the Sena
tor from Florida [Mr. B r y a n ] , that the Senator from Idaho
[Mr. H e y b u r n ] is paired with the Senator from Alabama [Mr.
B a n k h e a d ] , that the Senator from Pennsylvania [Mr. P e n
r o s e ] is paired with the Senator from Mississippi [Mr. W i l
l i a m s ] , that the Senator from Delaware [Mr. R i c h a r d s o n ] is
paired with the Senator from South Carolina [Mr. S m i t h ] ,
that the Senator from Michigan [Mr. S m i t h ] is paired with
the Senator from Missouri [Mr. R e e d ] , that the Senator from
Wisconsin [Mr. S t e p h e n s o n ] is paired with the Senator from
Oklahoma [Mr. G o r e ] , that the Senator from Rhode Island
[Mr. W e t m o r e ] is paired with the Senator from Maine [Mr.
G a r d n e r ] , and that the Senator from Wyoming [Mr. W a r r e n ]
is paired with the Senator from Louisiana [Mr. F o s t e r ] . I make
this announcement to cover all votes for the day.
Mr. BANKHEAD. I have a general pair with the senior
Senator from Idaho [Mr. H e y b u r n ] , I transfer that pair to
the Senator from Arkansas [Mr. C l a rk e ], and I shall vote.
I vote “ nay.”
Mr. BRANDEGEE. Has the junior Senator from New York
[Mr. O’ G o r m a n ] voted?
The PRESID EN T pro tempore. The Chair is informed that
he has not voted.
Mr. BRANDEGEE. I have a general pair with that Senator,
and therefore withhold my vote. I f I were at liberty to vote,
I should vote “ yea.”
Mr. CULBERSON. I have a general pair with the Senator
from Delaware [Mr. d u P o n t ] . I understand he has not voted,
and I therefore withhold my vote. I f I were at liberty to
vote, I should note “ nay.”
Mr. REED. I have a pair with the Senator from Michigan
[Mr. S m i t h ] . I understand that the Senator from Utah [Mr.
S u t h e r l a n d ] has a pair with the Senator from Maryland [Mr.
R a y n e r ].
I desire to transfer the pair I have with the Senator
from Michigan to the Senator from Maryland, so that the Sena
tor from Utah and I may be permitted to vote. I vote “ nay.”
Mr. SUTHERLAND. Under the announcement just made by
the Senator from Missouri [Mr. R e e d ] , I feel at liberty to vote.
I vote “ yea.”
Mr. CHILTON. I desire to announce the pair o f my col
league [Mr. W a t s o n ] with the Senator from New Jersey [Mr.
As I understand, Mr. President, tlie motion is to strike out
the House provision as improved by the amendments adopted in
the Senate and to substitute therefor the Senate amendment,
which motion I sincerely hope w ill prevail.
Mr. PAGE. May I ask the chairman o f the committee a
question? Has there ever been a suggestion made that the
Government might loan States, towns, and counties a fund for
highway purposes at a very low rate, perhaps a 2 per. cent
rate, instead o f assuming the direct burden o f building these
highways?
Mr. BOURNE. In reply to the inquiry o f the Senator from
Vermont I will state that I heard such a suggestion. Whether
any bill has been introduced I can not state.
Mr. PAGE. My own judgment is that this is too great a
proposition to pass upon with such haste as we shall have to
pass upon it now, and I am therefore inclined to favor the com
mittee recommendation. I wish to say, however, that I have a
great deal o f sympathy with the idea that the Federal Govern
ment ought, in some way, to stimulate and encourage the build
ing o f good roads. It occurs to me that we are now accumulat
ing a large fund by way o f the postal savings deposits— I un
derstand it has already reached about $2 0 ,0 0 0 ,0 0 0 , and will, of
course, rapidly increase in the future. Would it not be practi
cable to loan this fund, say to the extent o f $300 per mile, on a
2 per cent basis to those sections which wish to borrow it for a
highway fund? The interest would be only $ 6 per mile per
year, and if it was thought best to have 1 per cent o f the prin
cipal paid annually, then the entire expense would be only $9
per mile per year, and if it could be so arranged that the town
should pay $ 6 o f this $9, the county $2, and the State $1, it
would so divide the expense that it would not be unreasonably
burdensome. Let me repeat, I believe the time has come when
the Federal Government ought, in some way, to stimulate road
building, and I do not know but this is the most practicable way
in which to extend Federal aid.
Mr. BOURNE. I f the Senator from Vermont w ill permit me
to interrupt him, I ' will state that was just the idea the ma
jority o f the committee had, and that is the reason they offer
the substitute now before the Senate, in order to get intelligent
ascertainment and conclusion and recommendation o f Congress
in reference to the action to be taken.
Mr. KENYON. I wish to ask the Senator from Vermont if
there is any particular difference between putting the hands in
the Treasury for good roads and for vocational education.
Mr. PAGE. It is precisely along the same lines, and I have
studied the vocational education question so much that I think
I am inclined to be more sympathetic in regard to the matter
o f roads.
Mr. KENYON. The Senator advocates national aid to voca
tional education. Most o f us agree with him. W hy not also
national aid to good roads? It is the same proposition.
Mr. PAGE. Nothing pleases me better than to have that
matter suggested at this time. The cost o f education in this
country is $500,000,000 per year. The vocational education
proposition only calls for 3 per cent o f that sum from the Fed
eral Treasury. In other words, we stimulate and encourage
education without taking large sums from the Federal Treasury,
as, it seems to me, is contemplated for the benefit o f highways
by the proposition now before the Senate. From one point o f
view, the Federal Government would really contribute nothing
under the plan I have suggested, but, as a matter o f fact, it
would furnish money to build these roads at 2 per cent, which
is really worth 3 or 4 per cent, and in this way is making a
really very important contribution toward this good-roads
proposition.
Mr, JOHNSTON o f Alabama. I make the point o f order that
B r ig g s ].
the Senator from Vermont has occupied all his time.
Mr. CULBERSON. I transfer my pair with the Senator
The PRESIDEN T pro tempore. The Senator from Vermont
is speaking in his own time. However, the first part o f his from Delaware [Mr. du P o n t ] to the Senator from Maryland
speech was in the time o f the Senator from Oregon. The ques [Mr. S m i t h ] and vote. I vote “ nay.”
Mr. BURNHAM. Under the transfer just stated by the
tion is on the amendment o f the committee as a substitute for
Senator from Texas [Mr. C ulberson ], I am at lib erty to vote,
the House provision.
Mr. STONE and Mr. SWANSON called for the yeas and nays. and I vote “ yea.”
Tlje yeas and nays were ordered, and the Secretary proceeded
Mr. JOHNSON o f Maine. I desire to announce the unavoid
able absence o f my colleague [Mr. G a r d n e r ] , and to state that
to caThthe roll.
Mr. GUGGENHEIM (when his name was called). I have a he has a general pair with the senior Senator from Rhode
general pair with the senior Senator from Kentucky [Mr. Island [Mr. W e t m o r e ] . I make this announcement for the day.
P a y n t e r ].
I transfer that pair to the Senator from South Da
Mr. SIMMONS (after having voted in the negative). I have
a general pair with the Senator from Minnesota [Mr. C l a p p ] .
kota [Mr. C r a w f o r d ] and vote. I vote “ yea.”
Mr. L IP P IT T (when his name was called). I transfer the I transfer that pair to the Senator from South Carolina [Mr.
pair which I have with the senior Senator from Tennessee [Mr. T il l m a n ], and w ill let my vote stand.
B
C NR
O G ESSIO AL R C R —SENATE.
N
EOD
1912.
Mr. D ILLIN G H AM . Under the arrangement just announced
by the Senator from North Carolina [Mr. S i m m o n s ] , I transfer
my pair with the senior Senator from South Carolina [Mr. T i l l
m a n ] to the Senator from Minnesota [Mr. C l a p p ] and w ill vote.
I vote “ yea.”
Mr. SH IVELY. I desire to announce the unavoidable absence
o f my colleague [Mr. K een ], who, on this vote, as has been
stated, is paired with the Senator from Delaware [Mr. R i c h
a r d so n ].
I make this announcement for the day.
Mr. JONES. I desire to announce that my colleague [M r.
P o i n d e x t e r ] is detained from the Chamber by important busi
ness. I do not know h ow .he would vote on this matter if he
w ere present.
Mr. TILLM AN. I am i n f o r n ^ ^ w - h is t entering the Cham
ber, that the Senator from Vermont |>fr.^Dillin g h a m ], with
whom J am .paired, has arranged a transfer o f .pairs, which is
satisfactory to me. I merely desire it to be known that I am
present >fi the Chamber.
The result was announced— yeas 37, nays 21, as fo llo w s :
/
Jr
Borah
Uourne
Bristow
/B ry a n
' Burnham
Burton
Catron
Chamberlain
Clark, Wyo.
Cullorn
Ashurst
Bacon
Bankhead
Chilton
Culberson
Hitchcock
Y E A S— 37.
Cummins
Lodge
McCumber
Curtis
Dillingham
McLean
Massey
Fall
Nelsoii
Flet cher
Ballinger
Oliver
Guggenheim
Page
Johnson, Me.
Perkins
J ones
Poinerene
Root
Lippi tt
N A Y S — 21.
Sanders
Shively
Smoot
Sutherland
Thornton
Townsend
Works
Johnston, Ala.
Kenyon
La Eollette
Martin. Va.
Martine, N. J.
Myers
Smith, S. C.
Stone
Swanson
Newlands
Overman
Reed
Simmons
Smith, Ariz.
Smith, Ga.
NOT V O TIN G — 36.
Bailey
Bradley
Ilrandegee
Briggs
Brown
Clapp
kClarke, Ark.
Crane
Cm wford
Davis
Dixon
du Pont
Foster
Gamble
Gardner
Gore
Gronna
lleyburn
Kern
Lea
O’ Gorman
Owen
Paynter
Penrose
Percy
Poindexter
Rayner
Richardson
Smith, Md.
Smith, Mich.
Stephenson
Tillman
Warren
W atson
Wetmore
W illiam s
So the amendment reported by tlie committee was agreed to.
Tlie reading o f the hill was resumed.
The next amendment o f the Committee on Post Offices and
Post Roads waSy in section 7, page 51, after line 8 , to in sert:
Transfers to the regular force of the Railway Mail Service may he
made, and the needs of the Railway Mail Service with respect to act
ing, substitute, and temporary clerk service may be supplied, from the
clerical force of post offices of the first, second, and third classes, and
transfers may ho made between the clerical force of the Railway Mail
Service and post offices of the first, second, and third classes as the
necessities may require, with the consent of the clerk, and the clerical
forces of the division superintendents’ and chief clerks offices and
terminal railway post offices and transfer services may be supplied
either from the Railwav Mail Service force, from the post-office force,
or as otherwise provided by law or regulations, under such regulations
as the Postmaster General may prescribe.
T be amendment was agreed to.
Mr. BURTON. Mr. President, I rise to an inquiry as to tbe
order o f business. Are tbe amendments passed over to be first
taken up, or is it tlie intention to go through with the com
m ittee amendments to the end o f the bill and then return to
those passed over?
Mr. BOURNE. Mr. President, I think we w ill expedite mat
ters more by going through the bill and then returning to the
amendments passed over. I would be perfectly willing, so far
as I am concerned, if any Senator so desires, to have any
amendment in which he is interested taken up for disposition.
It is perfectly agreeable to me to do so.
Mr. LODGE. Mr. President, I think the usual, the more
orderly way, the better way, is to go through with the bill and
then return to the passed-over amendments.
Mr. BURTON. Mr. President, I have no objection to that
being done, but the attendance is ample this morning to transact
business and to act on the contested amendments.
Mr. SIMMONS. Mr. President, on Saturday we had up and
discussed the amendment to increase the compensation o f rural
carriers, and I am under the impression that there was then
an understanding that that matter should go over until this
morning, to come up immediately after we disposed o f the goodroads provision.
Mr. BOURNE. I have no recollection o f an agreement being
made o f the nature indicated by the Senator from North Caro
lina. However, i f that is his impression, and the amendment
Was passed over with that idea in his mind and in the minds
P
10713
o f others, it' is perfectly agreeable to me that w e take that up
for disposition now.
Mr. SIMMONS. I call the Senator’s attention to tlie fa ct
that the yeas and nays had been ordered on this particular
am endment; but, to avoid the difficulty that might grow out
o f the abseiled o f a quorum, it was passed over. My under
standing was that it was suggested that those amendments upon
which we could not have a roll call on Saturday evening, be
cause o f tbe absence o f a quorum, should go over and be first
taken up this morning.
Mr. M cCUMBEIl. Mr. President, I hope the Senator from
North Carolina will let some o f the other amendments be pro
ceeded with. I agreed to have ready this morning a certain
table which I wished to present. That table is being prepared
while the debate is proceeding on other matters.
Mr. SIMMONS.
Very w e ll; I w ill be glad to drop the
suggestion.
Mr. McCUMBER. I think w e can take up the amendment
in a short time.
The reading o f the bill was resumed.
The next amendment o f the Committee on Post Offices and
Post Roads was, on page 51, line 23, after the w ords “ nineteen
hundred and,” to strike out “ thirteen ” and insert “ twelve,” so
as.to read:
After June 30, 1912. clerks in class A shall ho promoted successively
to grade 3, clerks in class B shall be promoted successively to grade 4,
and clerks in class. C shall be promoted successively to grade 5, at the
beginning of the quarter following the expiration of a year’ s satisfac
tory service in the next lower grade.
The amendment w as agreed to.
The next amendment was, on page 53, after line 18, to in se rt:
After Jane 30, 1912, any clerk in a post office of the first or second
class receiving compensation of $800 per annum or more, or in a post
office of the third class who has performed continuous service in such
office for a period of at least one year next preceding the date of his
transfer, sffiall be eligible for transfer to the Railway M ail Service, and
if he is a clerk in a post office of the first or second class his compensa
tion may- be increased not exceeding $100 per annum at the time of
such transfer, and if he is a clerk in a post office of the third class he
may be appointed at not exceeding $900 at the time of such transfer.
A railway postal clerk shall be eligible for transfer to the position
of a clerk in a post office of any class.
In the case of a transfer under this law to the Railway M ail Service
or to a post office of the first or second class without change in com
pensation, the time served by a clerk in a given grade prior to transfer
shall be counted as a part of the year’s service on which the clerk’s
promotion to the next higher grade m ay be based.
Acting, substitute, or temporary service in railway post offices may
be performed by clerks of first and second class post offices, above the
first grade ($ 6 0 0 ). and by clerks of tlilrd-class post offices who have
served therein at least one year next preceding the date of temporary
detail, who shall receive the same pay as when performing the work of
the regular positions : Provided, That if their compensation is less than
$900 in their regular positions, they may receive $900 in the Railway
Mail Service when performing such service, and shall be paid from the
appropriation for the Railway Mail Service and be entitled to such travel
allowance as is usual to the assignment in the railway post-office line
to which detail is made : Provided further, That in cases of emergency
such service may be performed by clerks of first and second class post
offices of the first grade ($600) and by clerks of third-class post offices,
if there bo any ; if none, details may be made from the substitute list of
such post offices, and the compensation therefor shall be at the lowest
grade of pay of a regular clerk in the Railway Mail Service, with such
travel allowance as is usual.
All Railway Mail Service substitutes remaining on the roll after
the passage of this act shall be transferred to post offices of the first
and second classes neai’est to their places of residence, and in the
transfer of substitute railway postal clerks to the substitute clerks’ roll
in first and second class post offices their relative positions thereon shall
be determined by the dates when they wore placed on the substitute
roll of the Railway M ail Service.
Except in emergencies, when no other authorized means are avail
able, clerks in post offices of the third class shall not he detailed for
duty in the Railway Mail Service in any capacity, and shall not be
transferred to the Railway Mail Service, as authorized by this act,
without passing a competitive civil-service examination.
Nothing in this act shall be construed to prohibit the emplovment
of joint employees at a compensation not exceeding $300 per annum,
or the employment without additional compensation of regular rail
way postal clerks to perform such acting, substitute, temporary, or
extra service as may be necessary.
Tlie amendment was agreed to.
The next amendment was, on page 5 > after line 16, to strike
C,
o u t:
S ec 8. T h a t h e re a fte r p osta ge shall be paid on m a tte r o f th e fo u r th
cla ss a t the ra te o f 1 2 cen ts per poun d, e x ce p t as h erein p ro v id e d .
T h a t no a rticle , p ackage, o r parcel shall be m aila b le as m a tte r of th e
fo u r th cla ss w h ich exceeds 11 p o u n d s in w eight.
That on each and all rural mail delivery routes of the United States
the postmaster at the starting point of such route shall, until .Tune 30
19 1 4 , receive and deliver to the carrier or carriers of said routes nil arti’
cles, parcels, or packages not prohibited to the mails by law and' falling
under tlie definition of fourth-class matter and not weighin'* in excess
of 11 pounds, for transportation and delivery on saifd routes-' and
the carriers shall receive at Intermediate points on all rural routes
such mail matter of the fourth class for delivery on rural routes only
That postage shall be paid on all articles, parcels, or packages en
titled to transportation under the provisions of this act as matter of
the fourth class on rural mall delivery-routes only a t , the following
ra te s : Five cents per pound, and 1 cent per pound for each additional
pound or fraction thereof up to and including a total of 11 pounds
That tbe Postmaster General shall make all rules and regulations nec
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
cssary and not inconsistent with law to the proper execution of this
act, and shall provide for the transportation of farm and factory prod
ucts as fourth-class matter if, not perishable in transportation.
That for the purpose of a full and complete inquiry and investiga
tion into the feasibility and propriety of the establishment of a general
parcels post or express post a joint committee of six persons, three of
whom shall be appointed by the Speaker of the House of Representa
tives and three by the President of the Senate, is constituted, with
full power to appoint clerks, stenographers, and experts to assist them
in this work. They shall review the testimony already taken on the
subject of parcels post and express post by Senate and House com
mittees and take such other testimony as they deem desirable. That
the Postmaster General and the Interstate Commerce Commission shall
furnish such data and otherwise render such assistance to the said
commission as may be desired or available.
For the purpose of de
fraying the expenses of this committee the sum of $25,000 is hereby
appropriated out of the moneys in the Treasury not otherwise appro
priated.
The committee shall report fully to Congress on the first
Monday in December, 1912.
And in lieu tliereof to insert:
S ec 8 That hereafter fourth-class mall matter shall embrace all
matter not row embraced by law in either the first, second, or third
class, not exceeding 11 pounds in weight, nor greater in size than 72
inches in length and girth combined, nor in form or kind likely to
injure the person of any postal employee or damage the mail equip
ment or other mail matter and not of a character perishable within
a period reasonably required for transportation and delivery.
That for the purposes of this section the United States and its sev
eral Territories and possessions, excepting the Philippine Islands, shall
he divided into units of area 30 minutes square, identical with a quar
ter of the area formed by the intersecting parallels of latitude and
meridians of longitude, represented on appropriate postal maps or
plans, and such units of area shall be the basis of eight postal zones,
as follo w s:
The first zone shall Include all territory within such quadrangle, In
conjunction with every contiguous quadrangle, representing an area
having a mean radial distance of approximately 50 miles from the
center of any given unit of area.
The second zone shall include all units of area outside the first zone
lying in whole or in part within a radius of approximately 150 miles
from the center of a given unit of area.
The third zone shall include all units of area outside the second zone
lying in whole or in part within a radius of approximately 300 miles
from the center of a given unit of area.
The fourth zone shall include all units of area outside the third zone
lying in whole or in part within a radius of approximately 600 miles
from the center of a given unit of area.
The fifth zone shall include all units of area outside the fourth zone
lying in whole or in part within a radius of approximately 1,000 miles
from the center of a given unit of area.
The sixth zone shall include all units of area outside the fifth zone
lying in whole or in part within a radius of approximately 1,400 miles
from the center of a given unit of area.
The seventh zone shall include all units of area outside the sixth zone
lying in whole or in part within a radius of approximately 1,800 miles
from the center of a given unit of area.
The eighth zone shall include all units of area outside the seventh
zone.
That the rate of postage on fourth-class matter weighing not more
than 4 ounces shall be 1 cent for each ounce or fraction of an ounce;
and on such matter in excess of 4 ounces in weight the rate shall be
by the pound, as hereinafter provided, the postage in all cases to be
prepaid by distinctive postage stamps affixed.
That except as provided in the next preceding paragraph postage on
matter of the fourth class shall be prepaid at the following ra tes'
On all matter mailed at the post office from which a rural route
starts, for delivery on such route, or mailed at any point on such route
for delivery at any other point thereon, or at the office from which
the route starts, or on any rural route starting therefrom, and on all
matter mailed at a city carrier office, or at any point within its delivery
limits, for delivery by carriers from that office, or at any office for
local delivery, 5 cents for the first pound or fraction of a pound and 1
cent for each additional pound or fraction of a pound.
For delivery within the first zond. except as provided in the next
preceding paragraph, 5 cents for the first pound, or fraction of a pound
and 3 cents for each additional pound or fraction of a pound.
For delivery within the second zone. 6 cents for the first pound or
fraction of a pound and 4 cents for each additional pound or fraction of
a pound.
For delivery within the third zone, 7 cents for the first pound or
fraction of a pound and 5 cents for each additional pound or fraction
of a pound.
For delivery within the fourth zone, 8 cents for the first pound or
fraction of a pound and 6 cents for each additional pound or fraction
of a pound.
For delivery within the fifth zone. 9 cents for the first pound or
fraction of a pound and 7 cents for each additional pound or fraction
of a pound.
For delivery within the sixth zone, 10 cents for the first pound or
fraction of a pound and 9 cents for each additional pound or fraction
of a pound.
For delivery within the seventh zone, 11 cents for the first pound or
fraction of a pound and 10 cents for each additional pound or fraction
of a pound.
For delivery within the eighth zone and between the Philippine
Islands and any portion of the United States, including the District of
Columbia and the several Territories and possessions, 12 cents for the
first pound or fraction of a pound and 12 cents for each additional
pound or fraction of a pound.
That the Postmaster General shall provide such special equipment
maps, stamps, directories, and printed instructions as may be necessary
for the administration of this section; and for the purposes of this
section and to supplement existing appropriations, including the hiring
of teams and drivers, there is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, the sum of $750,000.
That the establishment of zones and postage rates of this section
shall go into effect four months after its passage.
That all laws and parts of laws in conflict with the provisions of
this section are hereby repealed.
Mr. ASHURST. Mr. President, I now offer an amendment
to section 8 in tlie nature of a substitute. I should apologize
A ugust 12,
for the way in which it is presented. It has been drawn very
hurriedly by me, with such assistance as I have been able to
procure. It is very lengthy and I am loath to ask the Senate to
listen to its reading, but I desire for a few moments to address
myself to the proposed substitute.
Mr. BOURNE. Mr. President, for the Senate to act intelip
gently we certainly will have to know what is the nature of
the substitute.
The PRESIDEN T pro tempore. The Chair w ill rule that
the amendment must be read. The Secretary will read.
The Secretary read the proposed amendment, as follow s:
Strike out all of section 8 of said bill and insert the follow ing:
“ S ec . 8. That heregfter fourth-class mail matter shall embrace all
matter (including farm and factory products) not now embraced by
law in either the first, second, or third class, not exceeding 1 1 pounds in
weight, except as hereinafter provided, nor greater in size than 70
inches in length and girth combined, nor in form or kind likely to
injure the person of auy postal employee or damage the mall equip,
ment or other mail matter, and not of a character perishable within a
period reasonably required for transportation and delivery.
“ That for the purposes of this section the United States and its
several Territories and possessions, excepting Alaska and the Thilip.
pine Islands, shall be divided into units of area 1 degree square (0»
uniform subdivisions thereof, as the Postmaster General may decide)'
identical with the area formed by the intersecting parallels of lati
tude and meridians of longitude, represented on appropriate postal
maps or plans, and such units of area shall bo the basis of 11 postal
zones, as follo w s:
“ The first zone shall include all territory within such quadrangle
in conjunction with every contiguous quadrangle the centers of which
ai’e within a radial distance of 200 miles from the center of any given
unit of area.
“ The second zone shall include all units of area outside the first
zone the centers of which are within a radius of 400 miles from the
center of a given unit of ar§a.
“ The third zone shall include all units of area outside the second
zone the centers of which are within a radius of 600 miles from the
center of a given unit of area.
“ The fourth zone shall include all units of area outside the third
zone the centers of which are within a radius of 800 miles from the
center of a given unit of area.
“ The fifth zone shall include all units of area outside the fourth
zone the centers of which are within a radius of 1,000 miles from the
center of a given unit of area.
“ The sixth zone shall include all units of area outside the fifth
zone the centers of which are within a radius of 1,200 miles from the
center of a given unit of area.
“ The seventh zone shall include all units of area outside the sixth
zone the centers of which are within a radius of 1,400 miles from the
center of a given unit of area.
“ The eighth zone shall include all units of area outside the fourth
zone the centers of which are within a radius of 1,600 miles from the
center of a given unit of area.
“ The ninth zone shall include all units of area outside the fifth
zone the centers of which are within "a radius of 1,800 miles from the
center of a given unit of area.
“ The tenth zone shall include all units of area outside the sixth
zone lying in whole or in part within a radius of 2,000 miles from the
. center of a given unit of area.
“ The eleventh zone shall include all units of area outside the tenth
zone.
“ That the rate of postage on fourth-class matter shall be by the
pound, as hereinafter provided, except, that where the rate of postage
at the pound rate shall exceed the ounce rate now in effect, the rate
shall be by the ounce at the rate
of 1 cent for each ounceor fraction
of an ounce, the postage in all
cases to be prepaid by distinctive
postage stamps affixed.
“ That except as provided in the next preceeding paragraph postage
on matter of the fourth class shall be prepaid at the following
ra tes:
“ On all matter mailed at the
post office from which
arural route
starts, for delivery on such route,or mailed at any point on such route
for delivery at any other point thereon, or at the office from which
the route starts, or on any rural route starting therefrom, and on
all matter mailed at a city-carrier office, or at any point within its
delivery limits, for delivery by carriers from that office, or at anv
office for local delivery, 5 cents for the first pound or fraction of a
pound and 1 cent for each additional pound or fraction of a pound
“ For delivery within the first zone, except as provided in the next
preceding paragraph. 6 cents for the first pound or fraction of a pound
and 2 cents for each additional pound or fraction of a pound.
“ For delivery within the second zone, 7 cents for the first pound
or fraction of a pound and 3 cents for each additional pound or
fraction of a pound.
“ For delivery within the third zone, 8 cents for the first pound
or fraction of a pound and 4 cents for each additional pound or
fraction of a pound.
“ For delivery within the fourth zone, 9 cents for the first pound or
fraction of a pound and 5 cents for each additional pound or fraction
of a pound.
“ For delivery within the fifth zone, 10 cents for the first pound or
fraction of a pound and 6 cents for each additional pound or fraction
o f a pound.
“ For delivery within the sixth zone, 1 1 cents for the first pound or
fraction of a pound and 7 cents for each additional pound or fraction
of a pound.
“ For delivery within the seventh zone, 12 cents for the first pound
or fraction of a pound and 8 cents for each additional pound or frac
tion of a pound.
“ For delivery within the eighth zone, 12 cents for the first pound
or fraction of a pound, 10 cents for the second pound or fraction of a
pound, and 9 cents for each additional pound or fraction of a pound
“ For delivery within the ninth zone, 12 cents for the first pound or
fraction of a pound, 12 cents for the second pound or fraction of a
pound, and 10 cents for each additional pound or fraction of a pound
“ For delivery within the tenth zone, 12 cents for the first pound or
fraction of a pound, 12 cents per pound for each succeeding pound or
fraction of a pound up to and including 4 pounds, and 11 cents fos
each additional pound or fraction of a pound.
1912.
C N R
O G ESSIO AL R C R —SENATE
N
EOD
outside organizations having for its objects, among other things, im
provements in the condition of labor of its members, including hours of
labor and compensation therefor and leave of absence, by any person
or groups of pei-sons in said postal service, or the presenting by any
such person or groups of persons of any grievance or grievances to the
Congress or any Member thereof shall not constitute or he cause for
reduction in rank or compensation or removal of such person or groups
of persons from said service.
The P R E SID E N T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Washington.
Mr. SM ITH o f South Carolina. Mr. President, I am not going
to take the time o f the Senate to discuss this, only To say one
word. I do not believe it is within the province or the right o f
the United States Senate or any other legislative body, because
o f the employment c f an American citizen, to attempt by legisla
tion to restrict his rights. I believe that a postal employee
has as much right, as an American citizen, to join what he
pleases and act as he pleases as any Senator on this floor. He
has a right to join the M asons; he has a right to join the
Knights o f P yth ias; he has a right to join any organization.
Because we desire certain service o f certain individuals, why
should we restrict their rights as American citizens and say
that they can not join a certain labor organization?
Mr. BR ISTO W . Mr. President-----The P R E SID E N T pro tempore. Does the Senator from
South Carolina yield to the Senator from Kansas?
Mr. SM ITH o f South Carolina. I do.
Mr. BR ISTO W . There is no objection, as I understand it,
from any source for a postal employee to join any organiza
tion if the membership o f that organization does not affect
undesirably his service as a Government officer. I can not un
derstand why objection .should be made to an order o f the
department prohibiting an officer o f the department from be
longing to an association if the belonging to that association
is detrimental to the public service.
Mr. SM ITH o f South Carolina. W e might as well say what
church Ire shall belong to if the tenets o f that church affects
him, in our judgment, adversely.
Mr. B R ISTO W . It is an entirely different proposition, and
if the Senator w ill permit me-----Mr. SM ITH o f South Carolina. It is different in name, but
not in principle.
Mr. BR ISTO W . One is whether or not he shall belong to an
organization and affiliate w ith an organization if such affilia
tion will result in detriment to the public service and thereby
lessen his value as a public servant.
Mr. SM ITH o f South Carolina. Then, I reply to the Senator
from Kansas, you should legislate against an organization the
membership o f which renders any man unworthy o f a position
in the Government o f the United States.
Mr. B R ISTO W . Mr. President, it is not desired here to legis
late against any organization whatever, but to leave the depart
ment officials free to enforce proper discipline in the public
service. That is all that is desired.
Mr. M ARTIN E o f New Jersey. W ho w ill be the judge o f
that, I w ill ask?
Mr. B R ISTO W . The department officials charged with the
responsibility o f administering the affairs o f this Government
are to be the judges, and not a Member o f Congress, because it
is not his function to interfere with the executive departments,
unless they do an unlawful thing, and then he has a lawful
remedy.
^
The PR E SID E N T pro tempore. The Chair w ill suggest to
Senators that under the unanimous-consent agreement the
five-minute rule is in operation.
Mr. SM ITH o f South Carolina. I understand.
The PRE SID EN T pro tempore. Senators w ill remember that
in yielding, because they lose their time when they yield to
another Senator. The Senator from South Carolina has the
floor.
Mr. SM ITH o f South Carolina. I want to ask the Senator
from Kansas [Mr. B ristow ] this question: Is this not an indi
rect way o f saying that membership in certain labor organiza
tions is dangerous to governmental affairs?
Mr. BR ISTO W . It is not.
/
Mr. SM ITH o f South Carolina. Then why would y f u pre
clude them from membership in such organizations?
Mr. BR ISTO W . I would not preclude them unless that mem
bership and their relation to the organization interferes with
the public service. Neither, as I understand it, w ill auk' Post
Office Department official; and if he does he goes beyond his
authority or beyond proper adm inistration; and because\some
departmental official may have done that does not jilgtify
the enactment o f a law which might bother or interfere with
the service at some other time when a departmental official is
10791
undertaking to do his duty in the protection o f the public
service.
Mr. SM ITH o f South Carolina. Just one sentence, and I shall
have nothing further to say. It seems to me a subterfuge and
an indirection to lay restrictions on one class o f public servants
that we do not lay on every citizen o f the United States when
it comes to a question o f a man’ s rights as a citizen. I, fo r one,
shall not vote for any measure that insinuates that we are
incompetent to deal with the subject directly, but must go indi
rectly to do that thing.
The P R E SID E N T pro tempore. I f the Senator w ill permit
the Chair, the Chair desires to make a correction in the state
ment he ju st made. Upon examining the terms o f the unani
mous-consent agreement it appears that the five-minute rule
does not apply until the hour o f 4 o’clock has been reached.
The Senator from South Carolina w ill proceed.
Mr. SM ITH o f South Carolina. Mr. President, I do not care
to go into any fuller discussion o f the question. Every fairminded Senator on this floor knows that the only criterion by
which we are to measure public service is efficiency. W e can
promote and demote on that basis, but it comes w ith a sinister
meaning to me when the Senate o f the United States and the
lawmaking bodies o f this country begin to lay legal restrictions
upon the rights o f the individual citizens. W e have no right
to inject that here.
I f we believe that certain labor organizations are beginning
to menace this country and to have a bad influence upon its
citizenship, then it is our duty to ferret that out and prohibit
the organizations that threaten the w elfare o f this country and
not to be cowardly enough to say to certain officials o f the
Government, “ You shall not affiliate with these men or w ith
these organizations.”
Give them the full liberty o f all in
stitutions, o f all societies in this country, and then promote or
demote them according to their personal efficiency or defi
ciency.
I would prefer to see all reference to membership in any
society stricken from any bill that w e are seriously to discuss.
My position would be that according to the employee’ s efficiency
should he be promoted and according to his inefficiency should
he be demoted. I for one, so long as these organizations exist,
so long as they are struggling against what they consider the
inequalities amongst men, so long as they organize for self
protection. shall not stand here and by indirection inveigh
against these organizations.
It is cowardly to do so. I f we believe they are detrimental
to the best interests o f the American Government let us come
out in the open and say so and pass legislation to dissolve their
organizations. But as they are not detrimental to the Govern
ment I for one shall not stand upon this floor and by indirection
say that the employees o f the United States Government must
come out from amongst them, that the members o f these labor
organizations are not w orthy to have in their midst employees
o f the American Government. And you dare not say it. Rut
that is what you are saying in this bill. I do not propose to
sit quietly and see this injustice done. W e are practically say
ing that in order to keep our Government pure and uncon
taminated from these organizations, we w ill not allow an
employee o f the Government to belong to them. It is a shame
on the United States Senate; it is cow ardice and it is a sub
terfuge.
Mr. JOHNSTON o f Alabama. I desire merely to say a few
words. I am informed, and I think very reliably so, that the
amendment proposed by the Senator from Washington [Mr.
J o n e s ] is entirely acceptable to the employees o f the Govern
ment. I do not think that my information is incorrect. They
believe that this does not restrict their liberties in any way
whatever in the line suggested by the Senator from South Caro
lina [Mr. S m i t h ] . I shall, therefore, take pleasure in voting
for the amendment.
Mr. CULBERSON.
Mr. President, may I ask that the
amendment be again stated? I did not undertsand it.
The PRE SID EN T pro tempore. The amendment will be again
stated.
The S e c r e t a r y . " On page 48, line 25, after the w ords “ postal
employees,” it is proposed to insert the w ords “ not affiliated
with any outside organization,” so that it w ill r e a d :
That membership in any society, association, club, or other form of
organization of postal employees not affiliated with any outside organi
zation having for its objects, among other things, improvements in’ the
condition of labor of its members, including hours of labor and compen
sation therefor and leave of absence, by any person or groups of per
sons in said postal service, or the presenting by any such person or
groups of persons of any grievance or grievances to the Congress or any
Member thereof shall not constitute or be cause for reduction in rank
or compensation or removal of such person or groups of persons from
said service.
10792
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Mr. SM ITH o f Georgia. Mr. President, I shall vote against
all this legislation, because I do not think it ought to come in
on an appropriation bill. This is brought in just as was
brought in on an appropriation bill the effort to change the term
o f service o f civil-service clerks. The relation o f the Govern
ment to our civil-service employees, if it is to be modified,
should be modified by broad legislation, carefully prepared and
applicable to all the departments. This effort to put in a little
dab here and another little dab there with reference to em
ployees o f particular departments is utterly demoralizing to our
general civil-service law. W e ought not to have put anything
in another appropriation bill about the tenure o f office of civilservice clerk s; and we ought not to have anything in this bill
about the civil-service relations o f the Post Office Department
other than such provisions as would be applicable to all the
departments. I f we would leave these subjects out o f the
appropriation bills and broadly undertake to amend and perfect
our civil-service law through one bill on that subject, we might
hope to have intelligent, useful, and valuable legislation; but so
long as we seek by these little specks here and there to inter
fere with the civil service, we will not improve it and we are
likely to injure it.
'I'lie PRESIDENT pro tempore. The question is upon the
amendment o f the Senator from Washington [Mr. J ones ],
Mr. SMITH o f South Carolina. Before the vote is taken I
should like to say, in this connection, that if some other Sen
ator does not do so, I shall draft an amendment to this pro
vision prohibiting the heads o f departments from discriminating
against or punishing any employee who exercises his right as a
citizen to petition Congress or any Member o f Congress, and
that upon testimony to the effect that he has exercised such
right as an employee he shall not suffer any evil consequences
therefrom at the hands o f the head o f any department.
The PRESIDEN T pro tempore. The question is on agree
ing to the amendment of the Senator from Washington. [Put
ting the question. | By the sound the “ ayes ” appear to have it.
Mr. LA FOLLETTE. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr, CHILTON. Before the vote is taken, I should like
to have the amendment again stated.
The PRESIDENT pro tempore. The Secretary will again
state the amendment.
The Secretary again stated the amendment.
The PRESIDEN T pro tempore. The Secretary will call the
roll.
The Secretary proceeded to call the roll.
Mr. BANKHEAD (when his name wT called). I am paired
as
with the senior Senator from Idaho [Mr. H eybtjrn], and there
fore withhold my vote.
Mr. BRYAN (when his name was called). I have a general
pair with the Senator from New Mexico [Mr. F a l l ], and there
fore withhold my vote.
Mr. BURNHAM (when his named was called). I have a gen
eral pair with the junior Senator from Maryland [Mr. S m i t h ].
In his absence, I withhold my vote. I f at liberty to vote, I
should vote “ yea.”
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P e r c y ] . He being absent, I withhold my vote.
Mr. PENROSE (when his name was called). I am paired
with the junior Senator from Mississippi [Mr. W il l ia m s ]. A s
I observe he is not in the Chamber I shall refrain from voting;
otherwise I should vote “ yea.”
Mr. RE ED (when his name was called). I have a pair with
the Senator from Michigan [Mr. S m i t h ]. I transfer that pair
to the Senator from Arkansas [Mr. C l a rk e ] and will vote. I
vote ‘‘ nay.”
Mr. SM ITH o f South Carolina (when his name was called).
I have a general pair with the junior Senator from Delaware
[Mr. R ich ard so n ], I transfer that pair to the Senator from
Indiana [Mr. K e r n ] and w ill vote. I vote “ nay.” •
Mr. STONE (when his name w as called). I have a general
pair with the Senator from Wyoming [Mr. C l a r k ], and there
fore withhold my vote.
Mr. SUTHERLAND (when his name was called). I have a
pair with the senior Senator from Maryland [Mr. R a y n e r ]. I
transfer that pair to the Senator from Massachusetts [Mr.
L odge] and will vote. I vote “ yea.”
Mr. SWANSON (when his name was called). I should like
to inquire whether the junior Senator from Nevada [Mr.
M a s s e y ] has voted?
The PRESIDEN T pro tempore. The Chair is informed that
that Senator has not voted.
A
ugust
13
Mr. SWANSON. I have a general pair with the junior Sena
tor from Nevada. I transfer that pair to the senior Senator
from Nevada [Mr. N e w l a n d s ] and will vote. I vote “ nay.”
The roll call w as concluded.
Mr. BRANDEGEE. I have a general pair with the junior
Senator from New York [Mr. O ’ G o r m a n ], who is not present
I transfer that pair to the Senator from South Dakota [Mr
G a m bl e ] and will vote. I vote “ yea.”
Mr. PENROSE. I will transfer my pair with the junior Sen
ator from Mississippi [Mr. W il l i a m s ] to the senior Senator
from New Mexico [Mr. C atro n ] and will vote. I vote “ yea.”
Mr. OVERMAN. I am requested to announce that the senior
Senator from Louisiana [Mr. F oster ] and the junior Senator
from Louisiana [Mr. T h orn ton ] are unavoidably detained from
the Senate.
.Mr. BRIGGS. I have a general pair with the senior Senator
from West Virginia [Mr. W a t so n ]. I understand that he has
not voted. I w ill transfer that pair to the junior Senator from
Michigan [Mr. T o w n sen d ] and vote. I vote “ yea.”
Mr. CULBERSON (after having voted in the negative), j
w ill transfer my pair with the Senator from Delaware [Mr.
du P o n t ] to the junior Senator from Louisiana [Mr. T hornton ]
and permit my vote to stand.
Mr. CHAMBERLAIN. I desire to announce that the senior
Senator from Oklahoma [Mr. O w e n ] is paired with the senior
Senator from Nebraska [Mr. B r o w n ]. I ask to have this an
nouncement stand for the day.
Mr. JONES. I desire to announce that the junior Senator
from Michigan [Mr. T o w n sen d ] is detained from the Senate on
important business.
Mr. LA FOLLETTE. I desire to announce that the junior
Senator from North Dakota [Mr. G r o n n a ] is unavoidably ab
sent. I think I can state from his conversation w ith me that,
if present, he would vote “ nay ” upon this amendment.
Mr. STONE. I transfer my pair with the Senator from
Wyoming [Mr. C l a r k ] to the Senator from *Maine [Mr. J o h n
s o n ] and will vote.
I vote “ nay.”
Mr. CURTIS. I am requested to announce the following
p a irs:
The Senator from Massachusetts [Mr. C ra n e ] with the Sena
tor from Arkansas [Mr. D a v is ] ;
The Senator from Montana [Mr. D ix o n ] with the Senator
from Texas [Mr. B a il e y ] ;
The Senator from^Wtr^onsin UlW'S'iEPUEN son ] with the
Senator from QjsJkrffoma [Mr. G ore] ;
The Senajayi- from Rhode Island [Mr. W etmore ] with the
Senator from Maine [Mr. G ardner ] ; and
The Senator from Colorado [Mr. G u g g en h e im ] with the
Seua'Cor from Kentucky [Mr. P a y n t e r ].
I ask that this announcement may stand for the day.
The result was announced— yeas 20, nays 31, as follow s:
Y E A S — 20.
Bourne
Bradley
Brandegee
Briggs
Bristow
Burton
Crawford
Dillingham
Gallinger
Johnston, Ala.
Ashurst
Bacon
Borah
Chamberlain
Chilton
Clapp
Culberson
Cullom
Cummins
Curtis
Fletcher*
Hitchcock
Kenyon
La Follette
McLean
Martin, Va.
Bailey
Bankhead
Brown
Bryan
Burnham
Catron
Clark, Wyo.
Clarke, Ark.
Crane
Davis
Dixon
du Pont
Fall
Foster
Gamble
Gardner
Gore
Gronna
Guggenheim
Heyburn
Johnson, Me.
Kern
•Tones
Nelson
Oliver
Overman
Penrose
Root
Sanders
Smoot
Sutherland
Works
N AYS— 31.
Martine, N. J.
Myers
Page
Perkins
Poindexter
Pomerene
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Stone
Swanson
Tillman
NOT VO TIN G — 43.
Lea
Lippi tt
Lodge
McCflmber
Massey
Newlands
O’Gorman
Owen
Paynter
Percy
Rayner
Richardson
Smith, Md.
Smith, Mich.
Stephenson
Thornton
Townsend
Warren
Watson
Wetmore
Williams
So the amendment o f Mr. J ones was rejected.
The PRESIDENT pro tempore. The question now is upon
the amendment o f the committee to strike out.
Mr. BOURNE. Mr. President, I send to the desk an amend
ment recommended by . the National Civil Service Reform
League o f New York. I wBL-etater-foT “the information of
Senators, that in the study o f the House bill, I, as chairman
o f the committee, subpoenaed to appear before the committee
Mr. Edward J. Cantwell, secretary o f the National Association
1912.
C N R
O G ESSIO AL R C R —SENATE
N
EOD
ever tolerate the thought o f a strike against the Government, I
shall vote against every amendment which seeks to brand the
employees o f this Government as having within their purpose
the possibility under any circumstances o f striking against their
Government.
Mr. REED. Mr. President, in view o f the affidavit read by
the Senator from Oregon [Mr. B ourn e ], I ask unanimous con
sent to be permitted to m odify the amendment which I sub
mitted.
The PRE SID EN T pro tempore. That is the Senator’ s right.
Mr. REED. I desire to add. after the word “ strike,” the
w ords “ or proposing to assist them in any strike,” so that the
amendment will read as follow s:
Provided, however, That membership in any society, association, club,
or other form of organization of postal employees not affiliated with
any outside organization imposing an obligation or duty upon them to
engage in any strike, or proposing to assist them in any strike against
the United States.
And so forth.
Mr. W ILLIA M S. Mr. President, I know o f nothing in the
nature o f our institutions that makes a man who enters into
the civil service o f the United .States a slave. I know o f noth
ing that can bind him to involuntary servitude; I know o f noth
ing that exempts him from the operation o f the rules o f the
Constitution in favor o f the freedom o f assembly and the free
dom o f petition. All citizens are guaranteed the right peace
ably to assemble and to address the Government, to petition the
Government for a redress o f grievances. That means, I take it,
any part o f the Government except, perhaps, the judiciary,
whose functions are totally out o f line w ith that sort o f thing.
A man can not address a petition to the Government o f the
United States; it would have to be addressed to the President
or to a department or to Congress or to some particular Sen
ator or some particular Representative.
I think we are making a good deal o f a mountain out o f a
molehill. There is no danger o f any civil employees o f the
Federal Government striking. They are getting about from 30
to 40 per cent more than they could get for like work anywhere
e ls e ; they are not fools, and they know that as well as you do.
They w ill use their rights if they are left uninfringed— I do not
believe that Congress could infringe them ; I believe that the
courts would hold that whatever Congress did in that connec
tion was in valid; but even if Congress could infringe them
they would hold their rights uninfringed, subject to their own
common sense. When they are receiving from 30 to 40 or 50
per cent more than they would get for like work in private em
ployment, getting shorter hours, getting 30 days’ sick leave
whether they are sick or not, and 30 days more in addition to
the sick leave, they “ know a good thing when they see it,” and
they are not going to strike; but if they wanted to strike they
have as much right to strike against the Government o f the
United States— which in that sense is not a Government at all,
but simply an employer— as have any other employees. They
have just" exactly the same rights with regard to the Govern
ment when the Government is an employer that they have with
regard to me or to you.
Some analogy has been sought to be drawn between the civil
employees and those in the naval or military service. There
can be no such analogy fo r a very simple reason. The civil
employees o f the Government are subject to the civil law, while
men who have enlisted in the Army or the Navy are subject to
martial law, and a direct exception has been made in the
Constitution with regard to those who are subject to martial
law. It seems to me that the freer we leave these people, the
better. In fact, it is my idea that the freer we leave every
body, the better. These men have the right to form associations
if they wish to do so; they have the right to affiliate with
other associations if they so w ish ; they have the right peace
ably to assemble if they so w ish ; they have the right, if they
wish to do so, to petition me fo r redress o f grievances, or to
petition you or anybody else, or any part o f the Government,
and I do not see why Congress should be “ putting its finger in
the pie.”
I f 1 0 ,0 0 0 o f these employees did conclude to quit work
at any time, then, after they had quit, the rights o f sovereignty
w ould come into bearing. I f they undertook to intimidate other
people to prevent them from accepting employment, then the
Government w ould have the right to speak, and to speak in
thunder tones, and it would speak in thunder tones, if necessary
with Cavalry and Infantry and Artillery. But that is a different
proposition.
This proposition is simply the proposition o f their having the
right to quit work, either 1 o f them by himself, or 3 o f them
after a previous conversation, or 1 0 ,0 0 0 o f them after a pre
10803
vious meeting and resolution. That, as I understand and as
I take it, is their constitutional righ t; and if we pass a law to
prevent it, in my opinion, it would not be worth the paper it
is written on ; but if we had the power to pass it, I would be
opposed to passing it because it would be a useless infringe
ment o f liberty.
• The PRE SID EN T pro tempore. The question is upon agreeing
to the amendment o f the Senator from Missouri [Mr. R eed ] as
modified. [Putting the question.] The Chair is in dou bt
Mr. OVERMAN. I ask for the yeas and nays.
Mr. W ILLIA M S. W hat is the amendment?
The PRE SID EN T pro tempore.
The amendment will be
stated.
The S ecretary . It is proposed to amend the text o f the
House bill, on page 48, line 25, after the word “ employees,” by
inserting “ not affiliated with any outside organization imposing
an obligation or duty upon them to engage in any strike or pro
posing to assist them in any strike against the United States,”
so that if amended it will re a d :
Provided, hotcever, That membership in any society, association, club,
or other form of organization of postal employees 'n ot affiliated with
any outside organization imposing an obligation or duty upon them to
engage in any strike or proposing to assist them in any strike against
the United States having for its objects, etc.
The PRE SID EN T pro tempore. The Senator from South
Carolina has demanded the yeas and nays on the amendment.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. GUGGENHEIM (when his name was called). I have a .
N orth D a k ota [Mr. G r o n n a ] and vote.
I v ote “ yea .”
Mr. REED (when his name was called ). I transfer my pair
to the Senator from Arkansas [Mr. C l a r k e ] and vote “ yea.”
My pair is the Senator from Michigan [Mr. S m i t h ],
Mr. SM ITH o f South Carolina (when his name was called).
I am paired with the Senator from Delaware [Mr. R ich a r d
s o n ].
I transfer that pair to the Senator from Indiana [Mr.
K e r n ] and vote. I vote “ yea.”
Mr. STONE (w hen his name was called ). I have a standing
pair with the Senator from Wyoming [Mr. C l a r k ]. I transfer
that pair to the Senator from Maine [Mr. J o h n s o n ] and vote.
I vote “ yea.”
Mr. SU THERLAND (when his name was called). I again
announce my pair with the Senator from Maryland [Mr. R ay n e b ].
On account o f his absence, I refrain from voting.
Mr. OVERMAN (when Mr. T h o rn to n ’ s name was called).
I was requested to announce that the senior Senator from
Louisiana [Mr. F oster ] and the ju n ior Senator from Louisiana
[Mr. T h o rn to n ] are unavoidably detained from the Senate. I
w ill let this announcement stand for the day.
The roll call was concluded.
Mr. BRIGGS. I have a general pair w ith the senior Senator
from W est Virginia [Mr. W a t s o n ]. I transfer that pair to
the junior Senator from Tennessee [Mr. S an d ers ] and vote
“ yea.”
Mr. LIP P IT T . I have a general pair with the senior Senator
from Tennessee [Mr. L e a ], which I transfer to the Senator
from South Dakota [Mr. G a m b l e ]. I vote “ yea .” I w ill also
state that m y colleague [Mr. W etm ore ] is necessarily absent.
Mr. LODGE. I desire to announce that my colleague |Mr.
C r a n e ] is absent from the city. He is paired with the Senator
from Arkansas [Mr. D a v is ]. I f my colleague were present, he
would vote “ 3ren.”
Mr. SMOOT. I desire to announce the absence from the city
o f.th e junior-Senator from Wisconsin [Mr. S t e p h e n s o n ], He
is paired with the Senator from Oklahoma [Mr. G ore ].
If
the Senator from W isconsin w ere present, he w ould vote
“ yea.”
Mr. TOWNSEND. 1 desire to announce the necessary .a b
sence o f the Senator from Michigan [Mr. S m i t h ], I w ill'sta te
that he is paired with the junior Senator from Missouri [Mr.
R eed ].
Mr. CULBERSON. In view o f my gen eral pair w ith the
Senator from Delaware [Mr. nu P o n t ], I w ith h old my vote.
Mr. BRYAN. I am paired with the Senator from New M ex
ico [Mr. F a l l ] , and therefore withhold my vote.
Mr. SM ITH o f Arizona. I announce that my colleague [Mr.
A sh u r st ] is detained from the Chamber on im portant business!
10804
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
A ugust 13?
The result was announced— yeas 49, nays 7, as follow s:
tee. [Putting the question.] The noes have it, and the motion
is not agreed to.
Mr. SM ITH o f Georgia. I desire to move to reconsider that
Nelson
Smith, A rik
Fletcher
Bacon
portion o f the bill adopted in Committee o f the Whole known as
Gallinger
Newlands
Smith, Ga.
Bourne
the parcel post so that we may have the opportunity to dis
Guggenheim
O’Gorman
Smith, Md.
Bradley
cuss it. A number o f Members desire to make some inquiries
Hitchcock
Brandege®
Oliver
Smith, S. C.
Johnston, Ala.
Briggs
Overman
Smoot
and to present some views upon it. It seems to me that it would
Jones
Bristow
Page
,Stone
t be better to do it at this time. I move to reconsider the vote bv
Burnham
Lippitt
Penrose
Swanson
< which the amendment was agreed to.
»
Burton
Lodge
h ’illinan
Perkins „
Chamberlain
Townsend
McCumber
Pomerene
L Mr. JONES. Before leaving section G I wish to offer a furChilton
McLean
Works
Reed
i|
ther amendment.
Crawford
Martin, Ya.
Root
j '
Mr. SM ITH o f Georgia. It will only take a moment to reconCullom
Martine, N. J.
Shively
Dillingham
Massey
Simmons
' sider and give us a chance for discussion.
Mr. JONES. I shall not discuss it. I simply wish to offer
N A Y S — 7.
this amendment. In line 9 I move to strike out the words “ in
Williams
La Follette
Borah
Cummins
; the postal service,” so as to make the provision apply to all
Poindexter
Kenyon
Clapp
members o f the classified service as well as o f the postal service.
NOT VOTING— 38.
Mr. LA FOLLETTE. I f I understand the effect of the amend
Ileyburn
Sanders
Curtis
Ashurst
ment last adopted, offered by the Senator from Missouri, it
Johnson, Me.
Smith, Mich.
Davis
Bailey
, covers exactly that. It broadens the whole provision.
Kern
Stephenson
Dixon
Bankhead
Lea
du Pont
Sutherland
Brown
Mr. LODGE. The amendment offered by the Senator from
Myers
Thornton
Fall
Bryan
. Missouri would cover the whole service.
■
Foster
Owen
Warren
\ Catron
Gamble
Mr. JONES. The first part "of this section relates to the
Paynter
Watson
-Clark, Wyo.
Gardner
Percy
Wetmore
Clarke. Ark.
removal o f members from the classified service, and by the
Gore
Rayner
Crime
language o f the bill it applies only to those in the postal servGronna
Culberson
Richardson
ice. The last amendment does not cover that.
Mr. SMITH o f Georgia. I do not yield the floor further to
So Mr, R e e d ’ s amendment was agreed to.
The PRESIDEN T pro tempore. The question Is on agreeing the Senator from Washington.
The PRESIDENT pro tempore. The Chair is o f opinion that
to the substitute .submitted by the Senator from Oregon [Mr.
section G having been under consideration it is proper first to
B o u r n e ].
....
Mr. REED. I offer the following amendment, to follow the consider amendments to that section. The amendment submitted
provision o f the House which is proposed to be stricken out by the Senator from Washington will be read.
The S e c r e t a r y . On page 49, line 4, strike out the words “ in
by the Senate amendment.
The PRESIDEN T pro tempore. The amendment w ill be said postal service.”
The PRESIDEN T pro tempore. The question is on agreeing
stated.
The S e c r e t a r y . On page 49, line 9, after the word “ service,” to the amendment o f the Senator from Washington.
The amendment was agreed to.
in sert:
Mr. JONES. It w ill be necessary, in view o f the adoption of
The right of persons employed in the civil service of the United
that amendment, to reconsider the amendment striking out in
States, either individually or collectively, to petition Congress or any
the bill, lines 18 and 19, the words “ officer making the removal ”
Member thereof, or to furnish information to any House of Congress or
to any committee or Member thereof, shall not he denied or interfered
and inserting “ the Postmaster General.” I move to reconsider
with.
that.
Mr. BOURNE. W ill the Secretary kindly read the clause
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Missouri [Mr. so that we can have the information as to the proposed amend
ment.
R eed].
The PRESIDEN T pro tempore. It will be read.
The amendment was agreed to.
The S e c r e t a r y . On page 48 the Senate, as in Committee of
The PRESID EN T pro tempore. The question is now upon
the amendment in the nature o f a substitute submitted by the the Whole, has already agreed to an amendment, in line 15,
striking out the words “ officer making the removal,” and in
Senator from Oregon [Mr. B o u r n e ] , which will be stated.
The S e c r e t a r y . In lieu o f the matter proposed to be stricken serted in lieu the words “ the Postmaster General,” so that it
reads:
from the bill by the committee insert the follow ing w ord s:
Y E A S— 49.
Provided, however, That membership in any society, association, club,
or other form of organization composed of postal employees only, which
is not secret nor affiliated with any outside organization and which may
have for its objects, among other things, improvements in the conditions
of labor of its members, including hours of labor and compensation
therefor, and leaves of absence, or the presenting of any grievance or
grievances to Congress, or any Member thereof, by any person or
groups of persons employed in the postal service, shall not constitute
or be cause for reduction in rank or compensation or removal of such
person or groups of persons from said service.
Mr. BOURNE. In view o f the perfection made by the
Senator from Missouri to the House provision, I will ask con
sent to withdraw the suggested substitute which has just been
read.
The PRESID EN T pro tempore. Without objection the sub
stitute is withdrawn.
Mr. POIN D EXTER. I f it is not too late, I ask for the yeas
and nays on the amendment proposed by the Senator from
[Missouri [Mr. R e e d ] . A s I understand the amendment, it has
the effect o f striking out o f the bill altogether the House pro
vision allowing the right o f employees to organize.
Mr. LODGE. Not at all.
Mr. REED. The Senator is mistaken. It is an addition to
the House provision.
Mr. POINDEXTER. The printed amendment which I have
here says to insert in lieu o f the words stricken out.
Mr. REED. That is not the way it was offered. I offered it
to go in at the end o f the House provision.
Mr. LODGE. The Senator from Missouri withdrew that
amendment and offered it to the text.
Mr. POINDEXTER. Very well. I was going by the printed
amendment.
The PRE SID EN T pro tempore. The question is on striking
out the provision o f the House bill as reported by the commit
But no examination of witnesses nor any trial or hearing shall be
required except in the discretion of the Postmaster General.
Mr. JONES. With a view o f extending this to the classified
service, we should not accept that amendment.
Mr. LODGE. The object was to give to the head o f the
department.
Mr. BAILEY. The officer making the removal.
Mr. LODGE. It ought to be limited to the heads o f de
partments.
Mr. JONES. I am willing to accept that.
Mr. BOURNE. I think as it is in the bill it necessarily
must be the head o f the department.
Mr. LODGE. I think it ought to be the head o f the de
partment.
Mr. BAILEY. I f only the head o f the department can re
move, then this covers it. I f anybody else can remove, then it
ought to be a limitation on him just the same.
Mr. JONES. I ask to reconsider the vote by which the
Senate adopted the amendment recommended by the committee,
and that the amendment o f the committee be disagreed to.
The PRESIDENT pro tempore. The question is on agreeing
to the motion to reconsider the vote by which the amendment
was agreed to.
The motion to reconsider was agreed to.
Mr. JONES. I ask that the amendment be disagreed to.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment.
The amendment was rejected.
The PRESID EN T pro tempore. This restores the House bill.
Mr. SM ITH o f Georgia. I move to reconsider the action of
the Senate in reference to the parcel post, so that we may have
an opportunity as in Committee o f the W hole to discuss it. It
is the most important legislation, perhaps, in the entire bill.
1912.
CO G ESSIO AL R C R —SEN
N R
N
EOD
ATE
Now, for remailing. The suggestion o f this amendment is complicated method of adjusting pay now necessarily followed for
particular shipments.
Furthermore, the provision authorizing
that periodicals published not more frequently than every two thesePostmaster General to weigh the diverted mails whenever prac
the
weeks can have their option to be sent by fast freight or to go ticable will enable him to restore to the regular mail trains periodicals
by mail, as they see fit. I f they elect to go by fast freight they which have been carried in freight trains without the necessity of re
all the mails on the routes affected. It will
will travel at a cent a pound, the present rate. I f they elect to weighing changes from freight to regular mail and from also enable him
to make
regular mail to
go by mail they w ill pay 2 cents a pound, which is still less than freight trains as the preference of the publisher may be made known.
If this amendment becomes law it is believed ’ that but few pub
h alf o f what it costs the Government to carry them by fast mail.
periodicals are
transported in fast freight trains
I desire now to send to the desk the report o f the Post Office lishers whosehave them carried now the regular mail trains and pav the
will elect to
in
Department upon this amendment. I am not very hopeful o f higher rate of postage. It is impracticable to estimate the probable
its adoption. I have received telegrams since I offered it and weight of the publications which would be restored to the regular mail
published it in the R e c o r d from men whom I esteem very highly trains under these circumstances. It is believed, however, that $100,000
would cover the additional cost of transportation and weighings of
urging me to abandon i t ; from friends o f mine who own periodi the periodicals restored, and therefore that with the enactment of this
cals, who protest that it is wrong, who protest that they ought provision the item for inland transportation by railroad routes as re
to have a fu ll hearing before it is adopted. I repeat what I ported by the Senate committee could be reduced $2,290,000, and .that
the item for railway post office car service as reported by the Senate
have heard from them in substance, because I would not con committee could be reduced $204,000. The respective amounts added
ceal that in any sense from the Senate, but I think their posi by the Senate committee were intended to make provision for the cost
tion is unreasonable. I think if we leave them the privilege of the restoration of the second-class matter in question to the regular
mail trains.
it
be overlooked
should
o f the fast mail at about one-third o f what the transportation the amendmentFurthermore, the should not saving made by that depart
be adopted
substantial
the
o f the fast mail costs they ought not to complain. I dislike to see ment will be continued in the future.
Y ou rs, v e ry tru ly ,
F r a n k H . H it c h c o c k ,
this effort o f the department to save over $2,000,000 a year just
Postm aster General.
thrown aside. I am w illing m yself to stand up, even if I am
Mr. SM ITH o f Georgia. I ask the Secretary to read the
alone, to- commend an effort o f economy by the department,
though I do not think the department practices it in a very wise accompanying memorandum.
way.
The Secretary read as fo llo w s :
A u g u s t 10, 1912.
Mr. PO IN D E X TE R . I should like to ask the Senator a ques
Memorandum of items of saving that will be effected by this provision
tion.
under the amounts stated in the bill.
The P R E SID E N T pro tempore. Does the Senator from For additional cost of transportation of blue-tag matter
Georgia desire to have the paper read?
(difference between cost at freight rates and cost at
regular mail rates), additional cost for one year’s increase
Mr. SM ITH o f Georgia. I want the letter from the Post
in mails which must be paid if a reweighing is had,
Office Department i-ead ; it is only 2 pages.
and the cost of reweighing the mails in the second and
Mr. PO IN D EX TER. W hat would be the effect in cost to the
third contract sections-------------------------------------------------------------$2, 390, 000
Government if that portion o f the Senator's amendment which Less (for necessary reweighings and cost of possible diverted
iq o 000
mails under the provision suggested)______________________
allows the periodicals to be shipped by freight were retained
and no increase made in the rate o f periodicals shipped by
2, 290, 000
Cost of additional car space------------------------------------------------------204, 000
fast express?
Mr. SM ITH o f Georgia. They would all go by mail then.
Total saving----------------------------------------------------------------------2, 494, 000
I f you offer them two routes at the same price they would take
Mr. GUGGENHEIM. Mr. President, the Senator from Georgia
the best route. You have got to discriminate in price because
they would take the cheaper route. I am advised there are has expressed the object o f the amendment, in my judgment,
very clearly and very tersely. As a member o f the Committee
very few who are still protesting against the cheap route.
Mr. PO IN D E X TE R . I understood the proposition was that on Post Offices and Post Roads I was in favor o f the amend
the department classify the papers and require some o f them ment at the time it was considered there, and for one I should
like to see the amendment adopted now, for I regard it as an
to go by freight.
Mr. SM ITH o f Georgia. I am satisfied that each o f the de amendment o f great advantage to the Post Office Department.
Mr. JONES. I wish to ask the Senator from Georgia what
partments would arbitrarily classify them. Paying the same
amount o f money they ought to be entitled to the same service specific publications the amendment applies t o ; that is, whether
weekly or biweekly.
if they want it.
Mr. SM ITH o f Georgia. Biweekly.
The PR E SID E N T pro tempore. The time o f the Senator
Mr. JONES. W hy does it not apply to the weekly publica
from Georgia has expired, but if there is no objection, the
letter sent to the desk w ill be read. W ithout objection, the tions?
Mr. SM ITH o f Georgia. They do not aDy o f them go by fastletter will bo read.
mail freight now. There is no system o f fast freight that can
The Secretary read as fo llo w s :
handle the weekly papers, unless with very few exceptions, I
P ost O ff ic e D e p a r t m e n t ,
Of f ic e of t h e P o stm ast e r G eneral ,
understand.
Washington, D. C., August 9, 1912.
Mr. JONES. W hy not give those exceptions the opportunity
lio n . H o k e S m i t h ,
anyhow ?
United States Senate.
M y D e a r S e n a to r : I am in receipt of the draft of the amendment
Mr. SM ITH o f Georgia. Because we have left all the weekly
you propose to offer to the pending appropriation bill for the service of papers at 1 cent a pound.
the Post Office Department with respect to the transportation of cer
Mr. B R ISTO W . Mr. President, I hope the amendment w ill
tain second-class periodical publications in fast freight trains, which
you handed ro the Second Assistant Postmaster General, with request not prevail, because I can not see why the Outlook should have
for an expression of the department's opinion thereon.
the privileges o f the mail at 1 cent a pound and the R eview o f
The amendment in question reads as follow s:
Reviews be charged 2 cents a pound simply because the Outlook
“ Providedt That publications admitted to the mails as second-class
matter, published biweekly or less frequently, may he carried wholly
is printed once a week and the Review o f Reviews once a
or partly in fast freight trains, whenever deemed practicable by the month.
They are publications o f the same general character.
Postmaster General, and at the option of the publishers thereof, and
the transportation charges therefor may be paid out of the appropria It is manifestly, to my mind, unjust to penalize a publication
tion for transportation by railroad routes at rates not exceeding the because it is published every two weeks instead o f every week.
usual freight ra te s: and on and after January 1, 1913, the rate of
W hy should Collier's W eekly be given the mail privileges at
postage on such second-class mail matter as may be transported wholly
or partly in fast freight trains shall be 1 cent for each pound or I cent a pound and the Review o f Reviews or some similar pub
fraction of a pound, and the rate of postage on other second-class lication that is not printed every week or every tw o weeks be
mail matter, published biweekly or less frequently, transported in the charged 2 cents a pound?
I f we are going to increase the rate
regular mail trains at the option of the publishers thereof and when
the transportation of the same wholly or partly in fast freight trains on second-class mail it should apply the same to all publica
You can not make an equitable segregation, in my ju dg
is deemed practicable by the Postmaster General, shall be 2 cents for tions.
each pound or fraction of a pound : Provided further, That the Post ment.
The Post Office Department has tried it and utterly
master General is authorized to weigh, whenever practicable, the mails
failed. They tried to make the segregation from the standpoint
diverted from the freight trains to the regular mall trains and from
the regular m ail-trains to the freight traius for a period of not less o f the news, declaring that a publication that had current news
than 30 successive working days, and ascertain the average daily weight should go in the fast mail trains, and if it did not contain w ln t
thereof, and readjust the compensation for the transportation of the
was called current news it could go in the freight trains- and
mails on the railroad mail routes affected.”
In the opinion of the officers of the department, this provision is the opinion o f each individual as to what was news varies in
entirelv practicable.
It provides for the transportation of period ju st the proportion as to the number o f individuals.
So the blue
icals published biweekly or less frequently in fast freight trains when
deemed practicable by the Postmaster General, but leaves it to the tag has become one o f the odious things to the postal histnw
y
option of the publisher whether he will elect to have the publication o f the United States.
transported in that manner or in the regular mail trains.
If trans
In my judgment the amendment offered by the Senator from
ported in fast freight trains the rate of postage is to be 1 cent a pound
I f we are going to
or fraction of a pound. If it is practicable to transport such publica Georgia would be ju st as impracticable.
tion in fast freight trains and the publisher elects to have his peri raise the rate on second-class matter let us take hold o f it and
odical transported in regular mail trains, the rate of postage is_ to be _
cents a pound or fraction of a pound. The provision authorizing pay raise it on all— on the weekly, the daily, and the monthly pub
ment for transportation at the regular freight rates will obviate the lications all alike.
UUNGKESSIONAL RECORD— SENATE.
10824
'tr&'zxsrsK
,, ; t 3 S \ Z ™ ?:£ £ i . ««--»«*■“**** ™d
s
as f o llo w s :
P r o v id e d .
.Uin i^Aekl*viorS
l
lP^1
fi'PQ 1 ’t^ a ^ 1 * ^ a^ e^e^ ' ° ' ^ a?
^®I^y ^^ptmnble bv the Postl
matter, published biweekly 01 less
deemed practicable by the
on such secon d -cla ss mail matter as m ay e tia F
d 01. fra ctio n of a
in fa st fre ig h t tra in s shall be 1 c e n t *0 J co n d -class mail matter, pubpound, and the rate -of P " ^ ; e ° l o1 transported in the regular mail
iished b iw eekly or less fie q u e n t y, _ iei.eof, and where the tra n sp o itra in s at t h e 'o p t io n o f the
[ f ^ s t freight trains is deem ed
tation of the sam e w h olly o i I f 1 - , “ llan pc it cents for e ac h pound
,,!•<!o t ir n b le bv the Postmaster Gene > •
. . th„ postmaster G eneral
iust the S e n s a t i o n
for the transportation
road maH^routcs^affe<. ^ - _
iiu m 1>evv M exico [M r. F a l l ] ,
I transfer that pair to my colleagu e [M r. F letcher ] and vote.
I w ill le tfth is announcem ent stand fo r the afternoon. I vote
“ n ay.”
Mr. DU PONT (when his name was called). I have a general
pair with the senior Senator from Texas [ M j v C l l b e r s o n ] . He
is not in the Chamber, and I will withhold my vote.
Mr. GUGGENHEIM (when hlS name was called). On ac
count of the absence of my pair I am obliged to withhold my
vote.
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
P ercy ]. During his absence, not knowing what his vote would
be, I withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
I am paired with the senior Senator from Delaware [Mr. R ic h
ardson ].
I transfer that pair to the Senator from Indiana
[Mr. K ern ] and vote “ nay.”
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming {Mr. C l a r k ]. I transfer
that pair to the Senator from Louisiana [Mr. T h orn ton ] and
vote “ yea.”
Mr. SUTHERLAND (when his name was called). I again
announce my pair with the Senator from Maryland [Mr.
R a y n e r ] and withhold my vote on account of his absence. I
will not repeat this announcement, but will let it stand for any
other votes to-day.
The roll call was concluded.
Mr. REED. I transfer my pair with the Senator from
Michigan [Mr. S m i t h ] to the Senator from New Jersey [Mr.
M a r t in e ] and vote “ yea.”
Mr. LIPPITT. I again announce the transfer of my pair
with the Senator from Tennessee [Mr. L e a ] to fhe Senator from
South Dakota [Mr. G a m ble ]. I will let that announcement
stand for the day. I vote “ yea.”
. Mr. SHIVELY. I wish to announce that my colleague [Mr.
K ern ] is unavoidably absent from the city. He is paired win!
the Senator from Delaware [Mr. R ich ardson ]. I wish this
announcement to stand for the rest of the day.
The result was announced—yeas 29, nays 2S, as follow s:
Bacon
Borah
Burnham
Burton
Chilton
Crawford
Gallinger
Johnson, Me.
Ashurst
Bourne
Bradley
Brandegee
Bristow
Bryan
Catron
Bailey
Bankhead
Briggs
Brown
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Davis
Dixon
Y E A S— 29.
Johnston, Ala.
Page
Lippitt
Perkins
Dodge
Reed
McLean
Root
Martin, Ya.
Sanders
Nelson
Shively
•Oliver
Simmons
Overman
Smith, Ga.
N AY S— 28.
Chamberlain
Jones
Clapp
Kenyon
Cullom
Massey
Cummins
Myers
Curtis
Newlands
Dillingham
O’Gorman
Hitchcock
Penrose
NOT VOTING— 37.
Kern
du Pont
La FoIIette
Fall
Lea
Fletcher
McCumber
Foster
Gamble
Martine, N. J.
Owen
Gardner
I’aynter
Gore
Gronna
Percy
Guggenheim
Rayner
lleyburn
Richardson
Smith, Md.
Stone
Tillman
Warren
Williams
Poindexter
Pomerene
Smith, Ariz.
Smith, S. C.
Smoot
Swanson
Townsend
Smith, Mich.
Stephenson
Sutherland
Thornton
Watson
Wetmore
Works
So the amendment of Mr. Smith of Georgia was agreed, to.
A ugust 13 ,
The PRESIDENT pro tempore. The next reserved amend
ment will be stated.
The SagRETABY. The next amendment reserved is on page
37—the good roads amendment—reserved by Mr. S w a n s o n .
Mr. SIMMONS. Mr. President, that amendment was re
served by t^e Senator from Virginia for me. I send to (he
Secretary’s disk an amendment which I propose to come in
after line 9, An page 40. This amendment, 1 desire to state,
was prepared p y the Senator from Alabama [Mr. B a n k h e a d ]
and myself.
i
The PRESIDENT pro tempore, The amendment to the
amendment will be stated.
The S ecretary . On page 40, after line 9, it is proposed to
insert:
/
That there J hereby appropriated the sum of $1,000,000, out of any
te
money in tli£ Treasury not otherwise appropriated, to be expended
by the Secretary of Agriculture in cooperation with the Postmaster
General in improving the conditions of roads to be selected by them
over which rural delivery is or may hereafter be established, such
improvenjsOnt to be for the purpose of ascertaining the increase ip
the- territory which could be served by each carrier as a result of such
improvement, the possible increase of the number of delivery days in
each year, the amount required in excess of local expenditures for
the proper maintenance of such roads, and the relative saving to the
Government in the operation of the Rural Delivery Service, and to the
local inhabitants in the transportation of their products by reason
of such improvement: Provided, That the State, or the local subdi
vision thereof in which such improvement is made under this provision,
shall furnish an equal amount of money for the improvement of the
road or roads so selected. Such improvement shall be made under the
supervision of the Secretary of Agriculture.
S ec . 2. That the Secretary of Agriculture and the Postmaster Gen
eral are hereby directed to report to Congress within one year after
the ratification of this act the result of their operations under this act,
the number of miles of road improved, the cost of same, and such other
information as they may have acquired in connection with the opera
tion of this act, together witli such recommendations as shall seem
wise for providing ‘a general plan of, national aid for the improvement
of postal roads in cooperation with the States and counties, and to
bring about as near as possible such cooperation among the various
States as will insure uniform and equitable interstate highway regu
lations.
Mr. SIMMONS. Mr. President, I desire to say to the Senate
that this is ndt offered as a substitute for tlie Senate amend
ment adopted on yesterday providing for the appointment of a
joint committee to make inquiry into the subject of Federal aid
in the construction of highways, but it is proposed as a sup
plemental proposition. The information which the Congress
will secure through the amendment adopted on yesterday will
be only such as tlie members of that commission, which is to
be composed of Members of the House and of the Senate, will
be able to gather after an examination of the highways of the
country and such information as they can pick up. The amend
ment which I propose is for the purpose of obtaining practical
experimental information, to be gathered by the Department
of Agriculture and the Post Office Department, in the work
of actually constructing highways here and there throughout
the country in cooperation with the local communities.
Of course, it is intended that the Government officials will
make their selections in various sections of the country where
conditions are different. For instance, in my own State there
is a great variety of conditions which affect the subject of
road construction. In the mountainous country there is one
condition which entails many difficulties in connection with
road construction; in the Piedmont section there is another
condition; and in the coastal section there is still a different
condition. In order to obtain experimental knowledge it is
necessary that they should construct some roadways in all
three of these sections of that State.
TliWe are different physical conditions in the West from
those existing in the South with reference to this matter, and
different physical conditions in the East from those which exist
in the \Vest. Therefore the amendment which I have offered
authorized them to experiment here and there in the different
portions cA the country so as to bring out tlie difficulties with
reference to road construction, for tbe purpose of obtaining
experimental information, first, as to tbe cost of construction;
then as to .be best methods for the application of Government
aid; and for the further purpose of ascertaining what is the
best proces i for cooperation between the Government and dif
ferent loca ities concerned. Then, Mr. President, the amend
ment further provides that after this small sum of money—a
million dollars—has been expended in this experimental "way
and this mformation is obtained, these two departments shall
report to Congress, giving us tbe benefit of all the information
they have obtained in connection with these experiments, and
with the further requirement that they shall report a compre
hensive plan for Government cooperation with the States, coun
ties, And other communities in the work of improving the postal
highways.
' Mr. President, one further observation and I will have con
cluded: Tbe Government in recent years, in undertaking any
1912
CONGRESSIONAL RECORD— SENATE
sions there can be no doubt as to the power o f the Congress to
enact a law permitting the delivery o f packages and packets,
frequently called express matter.
In the case .of Ex parte Jackson (96 U. S., 727) the Supreme
Court of the United States explicitly held that “ the power to
establish post offices and post roads * * * since the founda
tion of our Government has been construed to authorize not
merely the routes over which mail shall be carried, but what
should be carried and its weight and form.”
The PRESIDENT pro tempore. The time of the Senator from
Arizona has expired.
Mr. BRISTOW. Mr. President, I regret very .much that the
Senator from Georgia has offered this amendment. As he knows,
the committee has spent weeks and months in working out what
we thought was the best possible system. The amendment as
reported in the bill, as I understand it, was the unanimous action
of the committee. I had not the slightest idea that the Senator
from Georgia had changed his mind until he offered the amend
ment this afternoon.
It is admitted by all that with the present rate after the dis
tance of 2,000 miles is reached the Government in carrying the
packages carries them at a loss. In the committee I sought to
have the zones increased so that there would be 12 instead of 8
and making the maximum charge 16 cents a pound instead
of 12 cents a pound. But the committee refused to consider
that favorably, because it was of the opinion that since the rate
on foreign parcels between our country and other countries was
12 cents, we should not have any rate for domestic parcels of
more than 12 cents. So we have fixed the rates, and on the
long distance the packages must be carried at a loss. What the
cost is of carrying the packages for the short distances can not be
actually ascertained. It must be an estimate and the estimate
must be based upon the expenses of the service at the present
time or in the past.
Granting that the rate suggested by the Senator from Georgia
would maintain the service, which I doubt seriously, the bill,
as I said during the afternoon, has added to the expense of
the delivery approximately $8,000,000 in a single item. In
the postal service we do not increase the expense in proportion
to the revenue. The increase of the expenditure of the postal
department is largely a matter of political concern. We did
not add $8,000,000 to the expenditures for rural delivery, be
cause we could not get carriers for the salary that is now paid,
but because the Senate wanted to pay the carriers more than
they are now receiving.
Those increases are likely to occur at any time during any
session of Congress, and, when these rates are once established,
then you will have very great difficulty and impose very great
injustice in certain cases if you increase them, because the
business becomes adjusted to that rate. By the amendment
that was offered by the Senator this afternoon, and which the
Senate adopted, the rate on certain second-class publications
is raised from 1 cent to 2 cents per pound. You are imposing
a very great burden upon certain publications that, in my
judgment, will destroy the profits of a number of publications
and put out of business a number of publishers of magazines.
It becomes then a matter of grave concern. In establishing
the new service, why is it necessary to put the rates below
what we know are safe and sound? Why do you take the
chance o f being confronted in the future with a loss in han
dling packages, as we are to-day, confronted with a loss in
handling second-class matter? What is the occasion for it?
I f we find from experience and practice that the rate is too
high, it can be reduced, but it is very difficult to raise a rate.
A reduction confers a favor on the man whose business has
been established, because it lessens his expense; but an increase
imposes an additional expense for which he has not made any
preparation.
I sincerely trust that this amendment, which, in my judg
ment, will launch the Government into an expenditure for the
carrying of packages which will ultimately result in a loss, will
not be adopted.
Mr. WILLIAMS. Mr. President, one position taken by the
Senator from Kansas is absolutely unwarranted by anything
in the amendment or by anything in the course of possible
argument concerning the amendment. It is the idea that any
monthly magazine would be put out of business by the adoption
of the amendment. The owners of the magazines have their
choice under the amendment to choose whether or not they shall
pay a 2-cent rate by mail or pay a cent rate and go by fast
freight. So unless the proprietors o f the magazines or the
men who are authorized by the magazines to look out for the
mail matter choose to go by fast freight they can not be forced
under the amendment to go by fast freight. I will ask the
Senator from Georgia if that is correct or not.
10827
Mr. SMITH of Georgia. The amendment the Senator refers
to has already been disposed of. The amendment now pend
ing proposes to lessen somewhat the cost of the parcel post
on a 50-mile distance. The Senator from Kansas brought the
amendment we had already passed into this argument, and I
suppose misled the Senator from Mississippi into supposing
that that was still the amendment under consideration.
Mr. WILLIAMS. The Senator from Mississippi humbly con
fesses that he was entirely misled. It has not been the first
time in his life that he was misled by the Senator from Kansas.
It was not very long ago when he was misled by him. I
thought from the Senator’s argument that that was the matter
under discussion, and I wanted to express a view of construc
tive statesmanship concerning it. Now I find that, much to my
own humiliation, I have been discussing something in the air,
which amounts to nothing.
Mr. SMITH of Georgia. Mr. President, I desire to rise to a
matter of personal privilege for just a moment.
The PRESIDENT pro tempore. The Senator will state it.
Mr. SMITH of Georgia. The Senator from Kansas stated
that we unanimously agreed to this increase in the committee.
That is true, but I do not think because I agreed to it in the
committee if I subsequently concluded that it could be im
proved by a change it would not be proper to suggest a change
in the Senate. I did agree to it there, and it was unanimously
agreed to.
Mr. BOURNE. Mr. President, I find myself in a most em
barrassing situation. The rates proposed by the Senator from
Georgia are the rates that I had in the bill I prepared and
introduced on the 16th of May for the first two zones, with
the exception that in my bill the second zone was 200 miles.
The zone in the bill now before the Senate is 150 miles.
I attempted, and I think successfully, even at the risk of the
charge of egotism, to demonstrate that those rates would be
self-supporting upon the basis of the construction of the bill
and the best obtainable data bearing upon the problem which
in my opinion was worthy of adoption in coming to the con
clusion. The committee increased the rates, as has been shown
and demonstrated here before the Senate.
I am chairman of the committee. The vote was unanimous,
I voting myself for the increased rate on these two zones, and
I shall now vote against the amendment offered by the Senator
from Georgia, because I believe that it is my duty as a tem
porary representative here of the committee to do so. But I
do not want to be put in the attitude of stating that I do so
because I believe the rates suggested by the Senator from
Georgia would incur a loss to the Government.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Georgia [Mr.
Sm it h ].' [Putting the question.] The noes appear to have it.
Mr. SMITH of Georgia. I call for the yeas and nays. It is
a very important matter.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. BURNHAM (when his name was called). I have a gen
eral pair, as I have stated, but upon this vote I have been re
leased from my pair. I vote “ nay.”
Mr. DU PONT (when his name was called). I have a general
pair with the senior Senator from Texas [Mr. C u lberson ].
He is not in the Chamber, and I withhold my vote.
Mr. LA FOLLETTE (when Mr. Gronna’ s name was called).
For the Senator from North Dakota [Mr. Gronna], I desire
to state that he is unavoidably absent, and that if present he
would vote for this amendment.
Mr. GUGGENHEIM (when his name was called). On ac
count o f my general pair I withhold my vote. I desire this
announcement to stand for the balance of the day.
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
P e r c y ]. He being absent. I withhold my vote.
Mr. REED. I again announce my pair with the senior Sen
ator from Michigan [Mr. S m i t h ] and the transfer of that pair
to the Senator from New Jersey [Mr. M a r t in e ]. I vote “ yea ”
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). As I said before, the senior Senator from Michi
gan [Mr. S m i t h ] is unavoidably absent. I do not know how
he would vote on this proposition, although as to the general
question he is favorable to the so-called parcel-post bill He
is paired with the junior Senator from Missouri [Mr R eed ]
Mr. SMITH o f South Carolina (when his name was called)
I am paired with the junior Senator from Delaware [Mr. R ic h
ardso n ].
I transfer that pair to the Senator from Indiana
[Mr. K e r n ] and vote “ yea.”
Mr. STONE (when his name was called). I transfer the
pair I have with the Senator from Wyoming [Mr. C l a r k ] to
the Senator from Louisiana [M r. T ijorn ton ] and vote “ yea.”
CONGRESSIONAL RECORD— SENATE.
10828
Tlie roll call was concluded.
Mr. DILLINGHAM. I have a general pair with the senior
Senator from South Carolina [Mr. T il l m a n ], who is absent.
I withhold my vote. Were Up .present I would vote “ nay.”
Mr. BRYAN. Under my pair,'as'transferred, I vote “ nay.”
Mr. JOHNSON of Maine. I wish to announce the unavoid
able absence of m y colleague [Mr. G ardner ]. He
paired with
the senior Senator from Rhode Island [Mr. WETMORii].
The result was announced—yeas 22, nays 33, as folloiv§:
Ashurst
Ilacon
Chilton
Johnson, Me.
La Follette
Lippitt
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Bailey
Bankhead
Briggs
Brown
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Davis
Dillingham
Y E A S— 22.
Pomerene
Reed
Shively
Simmons
Smith, Ariz.
Smith, Ga.
N AYS— 33.
Kenyon
Chamberlain
Lodge
Clapp
McLean
Crawford
Massey
Cullom
Nelson
Cummins
Oliver
Curtis
Gallinger
Page
Johnston, Ala.
Penrose
Jones
Perkins
NOT VOTING— 39.
Dixon
Ileyburn
du Pont
Hitchcock
Fall
Kern
Fletcher
Lea
Foster
McCumber
Gamble
Martine, N. J.
Gardner
Owen
Paynter
Gore
Percy
Gronna
Itayner
Guggenheim
Martin, Ya.
Myers
Newlands
O’Gorman
Overman
Poindexter
Smith, S. C.
Stone
Swanson
Williams
\
\
Root
Sanders
Smoot
Townsend
Warren
Works
Richardson
Smith, Md.
Smith, Mich.
Stephenson
Sutherland
Thornton
Tillman
Watson
Wetmore
So the amendment of Mr . S m it h of Georgia was rejected.
Mr. SMITH of Georgia. I consider that vote applicable
both amendments, the same principle is involved; and I will
not prolong the session further by pressing the other amend
ment.
Mr. POMERENE. On page 02, after line 18, I move to in
sert the amendment which I send to the desk.
The PRESIDENT pro tempore. The Secretary will read the
amendment.
The S e c r e t a r y . On page G2, after line 18, at the end of the
section insert:
For the purpose of perfecting and extending the facilities of the
parcel post hereby provided for, and for the purpose of inquiring into
the advisability and propriety of adding thereto an express post, a
committee of 10 persons shall be appointed, composed of five Senators,
to be named by the President of the Senate, and five Representatives,
to be named by the Speaker of the House of Representatives, with
full power to appoint clerks, stenographers, and experts to assist them
in this work. They shall review the testimony already taken on the
subject of parcel post and express post by the Senate and House Com
mittees on Post Offices and Post Roads, and take such other and
additional testimony as they may deem desirable.
The Postmaster General and the Interstate Commerce Commission
shall furnish data and otherwise render such assistance to the said
committee as may be desired or available.
For the purpose of de
fraying the expenses of said committee $25,000 is hereby appropriated
out of the moneys in the Treasury not otherwise appropriated.
The committee shall report to the Congress on the first Monday in
December, 1912.
Mr. POMERENE. Mr. President, if any one tiling bas been
made apparent I do not believe I overstate it when I say
that the rates which have been adopted are largely a matter
of experiment. There has been a good deal of conflicting evi
dence in the reports which have been presented by the House
and by the Senate committee as to whether we should adopt
a parcels post or an express post. This is a new proposition
in the United States, considering it from a legislative stand
point. Our citizens are without practical experience upon the
subject. The purpose of the amendment is evident. It does seem
to me that we ought to have some further investigation of this
subject with a view to ascertaining what we shall do with re
spect to additional legislation upon it. I do not care to occupy
the time of the Senate further.
Mr. LODGE. I desire to make a point of order against the
amendment, that it is general legislation and not contemplated
either in the House provision or in the Senate amendment. It
is not embodied in either of them.
Mr. BAILEY. Unless the Chair is ready to rule against the
point of order, I would like to be heard a moment.
The PRESIDENT pro tempore. The Chair prefers to have
the matter discussed.
Mr. BAILEY. Then, Mr, President, of course, the Senator
from Massachusetts will be entitled to the first word, but as I
only wish to say a word, and being on the floor, I will do that
now. I f we regard the substance and not the mere phrase
ology, the two propositions are the same, and the proposition j
A ugust 13 ?
of the Senator from Ohio is more logical than the other, because
in the one case you mix the mail and the merchandise obviously
to the disadvantage of both, while in the case proposed by the
Senator from Ohio you perform a service as a common carrier
for merchandise, and you will perform it independently of the
governmental function of a mail carrier.
Now, the very necessity of the mail service compels a limita
tion upon the length and upon the bulk of these packages. There
can be no logic in saying that the Government may carry my
neighbor’s mail within the limitation of 11 pounds because it jja
71 inches long and shall not carry my mail, no heavier, because
it happens to be 73 inches long. The matter of inches is made
material only because the length interferes with a totally differ
ent service. I have no hesitation in saying that if the Govern
ment of the United States has to step down from its high place
aata sovereign and become a common carrier for hire I would
prefer to see it perform that service in the manner and in the
character which insures the best performance of it.
Mi\ POMERENE. Mr. President-----Mr.1 LODGE. If the point of order is going to lead to debate,
I withdraw it.
The-PRESIDENT pro tempore. The Chair is prepared to
rule on the point of order. At the same time the Chair feels
that courtesy to Senators would require him to hear Senators
further upon the point of order.
Mr. LODGE. I withdraw my point of order in the some
what vain hope that we may reach a vote on the amendment.
The PRESIDENT pro tempore. The point of order is with
drawn. The question is on the amendment submitted by the
Senator from Ohio. [Putting the question.] The noes appear
to have it.
Mr. POMERENE. I ask for the yeas and nays.
The PRESIDENT pro tempore. The Senator from Ohio asks
for the yeas and nays. Is the demand seconded? [After a
pause.] Not a sufficient number.
Mr. BAILEY. I demand that the other side be counted so
that we can see if a fifth of those present have seconded the
call for the yeas and nays.
The PRESIDENT pro tempore. Those opposed to ordering
the yeas and nays will rise and stand until they are counted
or raise their hands. [After a pause.] Seven have seconded
the demand for the yeas and nays and there are 39 in the
negative. The yeas and nays are not ordered. The question is
on concurring in the amendment made as in Committee of the
Whole.
Mr. HITCHCOCK. Mr. President-----The PRESIDENT pro tempore. Has the Senator an amend
ment he desires to offer to this provision?
Mr. HITCHCOCK. I have an amendment I desire to offer
to the original bill.
The PRESIDENT pro tempore. The question is on concur
ring in the amendment made as in Committee of the Whole.
Mr. BAILEY. Mr. President, what amendment are we vot
ing on?
The PRESIDENT pro tempore. On the parcel-post amend
ment.
Mr. BAILEY. I ask for the yeas and nays on that.
The yeas and nays were ordered.
Mr. McCUMBER. Mr. President, I have refrained from tak
ing five minutes’ time in the discussion of any of the amend
ments in order that I might occupy a few moments on the final
passage of this proposition.
Mr. President, the platform of each of the great political
parties declares unequivocally in favor of a parcel-post system.
When both, or all of the great political parties of this country
declare for a proposition, and especially if such proposition be
new, we can feel sure that the subject so declared will be
crystallized into a law. The country stands pledged to-day for a
parcel-post system, and a parcel-post system the country will
have.
The matter then resolves itself into a question of what kind
of a parcel post shall be established. The local merchants in
almost every little town in the country view the subject with
fear and disfavor. They fear the commission houses of the
great cities with their cash system will put them with their
credit system out of business. The farming element of the
country on the other hand demands greater facilities and a
broader field for their purchases.
As a protectionist, as one who believes in building up and
sustaining our local interests, I want no law that will work
disaster to the country merchants, nor do I want a law that
would hamper the opportunities of the farmer. I believe that
in this Bourne bill a system has been worked out that will
benefit both and harm neither. This bill should provide a rate
1912.
CONGRESSIONAL RECORD— SENATE.
10829
for carriage tliat will be equitable and just. It should provide rural merchant can not complain that the charges are not
for a rate that will vary according to the length of the haul as just and equitable as could be devised.
On the other hand, the farmer who desires to secure his goods
so that each parcel will carry a charge that will approximately
pay the expense of carrying for the particular distance required. from a far-off city is only charged what is presumed to be the
The system adopted gives the rural merchant a great ad actual expense of carrying, and he can hardly ask for more
vantage over the city commission house, and especially is this than that. The advantage over the express companies, espe
true in those States having no very large cities. I f we are cially within the first zone of SO miles, is very great, as will
to have a parcel post, that should be the case. In this bill the appear from the table which I here present:
Not over Not over Not over Not over Not over Not over Not over Not over Not over Not over Not over
1 pound. 2 pounds. 3 pounds. 4 pounds. 5 pounds. 6 pounds. 7 pounds. 8 pounds. 9 pounds. 10 pounds. 11 pounds.
50 miles:
Present express rate from New York..........................
Proposed express rate from New York.......................
Original Bourne parcel-post bill..................................
Amended Bourne parcel-post bill................................
$0.25
.2 1
.06
.05
$0 . 25
$0.25
.2 1
.08
.OS
I have made two other computations which I have reduced
into the form of tables, showing what the express rates will be
as proposed by the Interstate Commerce Commission and what
the parcel-post rates will be. I make these tables a part of my
remarks that those in my own State who are desirous of obtain
ing the information at the present time may understand just
what the comparative charges are.
One table shows the comparative rates from St. Paul to Bis
marck and the other from Chicago to Bismarck. In both of
these tables it will be observed that for any package below 5
pounds there is a decided advantage in favor of the parcel
post, even for these long distances, while in the short distances,
which take in the rural deliveries, the rates under this parcelpost bill are only a small percentage of the express rates. And
it must also be remembered that the rural parcel-delivery
service is a service which, up to the present time, does not
exist, and that the rural service must be confined exclusively
to the postal department, as the express companies can hot
afford to deliver in the country.
We must also remember that while on parcels above 5 pounds
on the long distances the express charges are less than the
parcel-post charges, in all of these cases the customer has the
right to take the cheaper method of conveyance. On small
packages the farmer has an advantage in using the mails on
all routes and on all distances, long or short. On large packages
his advantage will be best subserved by using the express on
the long hauls. On the rural service he has advantages which
he can not have and never has had without this bill.
The great advantage to the local merchant under this bill is
in his ability to deliver to.the country customer at a very small
expense, and in this he has a most decided advantage over his
competitor, the commission house of the great city.
This is tlie.initial step in the matter of parcel deliveries by
the Post OHice Department. The law, if enacted, starts out on
the right principle, that of basing the charge on the actual
service performed and in accordance with the length of the
haul. After the law shall be in operation it can be amended as
to rates to conform to the just requirements of the service.
The PRESIDENT pro tempore. The Senator's time has ex
pired.
Mr. McCUMBER. I ask, Mr. President, that the two tables
to which I have referred may be inserted in the R ecord as a
part of my remarks.
The PRESIDENT pro tempore. Without objection, the tables
will be inserted.
The tables referred to are as follows:
Proposed rales from fit. Paul to Bismarck, A. Dak., Bismarck being in
the fourth zone from St. Paul, according to Bourne postal bill.
(Distance, approximately 500 miles.)
bocrxe parcel tost bill .
Cents.
pound package_________________________________________________________
pound package_________________________________________________________
pound package_________________________________________________________
20
26
32
7-pound package___________________________________________________________
44
0 pound package___________________________________________________________
3 0-pound package__________________________________________________________
56
62
345-
express rates proposed by interstate commerce commission .
1 - pound package________________________________
2- pound package________________________________
3- pound package________________________________
4- pound package________________________________
5-pound package_____ 2__________________________
$0.30
23
25
27
30
32
$0.30
.2 2
.1 2
.2 1
.1 0
.1 1
.2 2
.2 2
.14
.17
.16
.14
0 -pound
$0.35
.20
$0.35
.23
.18
.23
$0.35
.23
. 2-0
.26
$0.35
.24
.2 2
.29
package_________________________________________________
7-pound package_____________________________________ I I
8 - pound
$0.35
.24
.24
.32
$0.35
.24
.26
.35
Cents.
__ 3 4
IIIII~
37
package_______________________________________________________I
!)-pound package______________________________________________ I __ ____
10-pound package________ _______________________ * ______ I I I I I I
11-pound package___________________________ ._______________I I I I _ -
39
40
44
46
Proposed rates from Chicago to Bismarck, N. Dak., Bismarck being in
the fifth zone from Chicago, according to Bourne postal bill.
(Distance, approximately 1,000 miles.)
BOURNE PARCEL POST BILL.
Cents.
12-
pound package-.
pound package—
3- pound package-.
4- pound package..
5- pound package—
6 - pound package—
7- pound package—
8 - pound package-.
0 -pound package-.
1 0 - pound package.
1 1 - pound package.
express
1-pound
2-pound
3-pound
4-pouud
5-pound
0 -pound
rates
pr o p o se d
0
-
10
23
30
-
44
51
-
by
in t e r s t a t e
com m erce
37
58
05
72
70
c o m m is s io n .
package_____________________________________ _____________.
package_________________________________________________ "
package__________ 1______________________________________ I
package :___________________________________________I ___
package__________________________________________ H I
I
--------------- —
-------------------package-----------------------—
94
27
30
34
37
41
1 -pound package-------------,*■ *— — --------=
-------------------------------------------------44
8-pound packagc^_ 2A_ft:rr__----------------------------------------------------------------------------- 48
“1 .
0-pound package'_______________________
10- poupd’iiaekage________________________________________________________
54
11- pdund package____________________
58
The PRESIDENT pro tempore. The yeas and nays have
been ordered uponthe so-called parcel-post amendment. The
Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. BANKHEAD (when his name was called). I again annomTde°AU4! pair and withhold my vote.
Mr. BRYH
ing my pair and its transfer, I vote “ yea.”
Mr. BURNHAM (when his name was called). On this vote
I am released by my pair and will vote “ yea.”
Mr. P A G E (when Mr. D il l in g h a m ’ s name was called). My
colleague [Mr. D il l in g h a m ] has been obliged to leave the
Chamber. He is paired with the senior Senator from South
Carolina [Mr. T il l m a n ] . I make this announcement for the
rest of the day.
Mr. DU PONT (when his name was called). I have a gen
eral pair with the senior Senator from Texas [Mr. C u l b e r s o n ] ,
who is not in the Chamber. I therefore withhold my vote, i f
he were present, I should vote “ yea.”
Mr. JOHNSON of Maine (when Mr. G ardner ’ s name was
called). I again announce the unavoidable absence of my col
league [Mr. G ardner ] and his pair with the senior Senator
from Rhode Island [Mr. W etmore ].
Mr. GUGGENHEIM (when his name was called). I have
consent of my general pair to vote upon this proposition, and
therefore will vote. I vote “ yea.”
Mr. McCUMBER (when his name was called). I again an
nounce my general pair with the senior Senator from Missis
sippi [Mr. P e rcy ]. A s he is absent and I do not know how he
would vote, I am compelled to 'withhold my vote. I ask that
this announcement may stand for this and any subsequent vote
upon this hill.
Mr. REED (when his name was called). I again announce
the transfer of my pair with the Senator from Michigan [Mr.
S m i t h ] to the Senator from New Jersey [Mr. M a r t in e ] and
will vote. I vote “ yea.”
CONGRESSIONAL RECORD— SENATE.
10830
Mr. TOWNSEND (wlien the name of Mr. S m it h of Michigan
was called). I again announce the unavoidable absence of my
colleague [Mr. S m it h of Michigan]. I will state that if he were
present he would vote “ yea.”
Mr. SMITH of South Carolina (when his name was called).
Again announcing my pair with the Senator from Delaware
[Mr. R ich ard so n ] and the transfer of that pair to the Senator
from Indiana [Mr. K e r n ], I will vote. I vote “ yea.”
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. C l a r k ]. I there
fore withhold my vote.
The roll call was concluded.
Mr. DU PONT. My colleague [Mr. R ich ard so n ], as already
announced, has a general pair with the junior Senator from
South Carolina [Mr. S m i t h ]. If my colleague were present and
free to vote, he would vote “ yea.”
Mr. LA FOLLETTE. For the Senator from North Dakota
[Mr. G r o n n a ] I again announce his unavoidable absence from
the Senate. If he were present, he would vote “ yea.”
Mr. WARREN. M y colleague [Mr. C l a rk of Wyoming] is
detained from the Chamber, but is paired, as already stated
by the Senator from Missouri [Mr. S tone ], with,that Senator.
Mr. CLAPP. The junior Senator from California [Mr.
W orks ] was necessarily obliged to leave. If he were present,
he would vote “ yea.”
Mr. BANKHEAD. I transfer my pair with the senior Senator
from Idaho [Mr. H ey b u r n ] to the Senator from Arkansas
[Mr. D a v is ] and will vote. I vote “ yea.”
Mr. OVERMAN. I desire to announce that the Senator from
Louisiana [Mr. F oster ] and the Senator from Louisiana [Mr.
T h orn ton ] are both unavoidably detained. If they were pres
ent, they would respectively vote “ yea.”
Mr. BAILEY. I have a general pair with the Senator from
Montana [Mr. D ix o n ], which I have observed for more than
two
my vote would not make
apy difference in this matter ana I tun so anxious to have it
recorded that I will disregard, instead o f t¥«usferring, that pair
and will vote. I vote “ nay.”
Mr. CHILTON. I desire to announce that my colleague [Mr.
W a t so n ] is unavoidably absent. He is paired with
senior
Senator from New Jersey [Mr. B riggs ].
\
The result was announced—yeas 54, nays 2, as follows: Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Y E A S— 54.
Clapp
McLean
Crawford
Martin, Va.
Cullom
Massey
Cummins
Myers
Gallinger
Nelson
Guggenheim
Newlands
Hitchcock
Oliver
Johnson. Me.
Overman
Johnston, Ala.
Page
Jones
'
Penrose
Kenyon
Perkins
Da Follette
Poindexter
Llppitt
Pomerene
Lodge
Reed
Bailey
Briggs
Brown
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Davis
Dillingham
Dixon
du Pont
Root
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Swanson
Tillman
Townsend
Warren
Williams
N AYS— 2.
Curtis
NOT VOTING— 38.
Fall
McCumber
Fletcher
Martine, N. J.
Foster
O’Gorman
Gamble
Owen
Gardner
Paynter
Gore
Percy
Gronna
Rayner
Heyburn
Richardson
Kern
Sanders
Lea
Smith, Md.
Smith, Mich.
Stephenson
Stone
Sutherland
Thornton
Watson
Wetmore
Works
So the amendment was concurred in.
The PRESIDENT pro tempore. The bill is in the Jlenate
and still open to amendment.
/
Mr. HITCHCOCK. I offer the amendment whichjff send to
the desk.
The S ecretary . On page 48, line 15, afterjtt'e amendment
adopted inserting the words “ Postmaster v
j(Jefferal,” it is pro
___
posed to insert:
And no demotion made since October, 1910, without notice of
charges and without an opportunity to answer the same, shall be con
tinued longer than October 1, 1912, except upon the procedure herein
provided to be had in cases of removal.
Mr. HITCHCOCK. Mr. President, section 6 is intended, as
I understand, to put a stop to a practice that prevailed toward
the close of the year 1910 and the first part of the year 1911,
when the Post Office Department, in attempting to enforce its
so-called “ slack order,” disciplined a number of post-office em
ployees in a manner which is now considered to be unjust, and
which the Congress in the future proposes to prevent by law.
As I understand, some time after the “ slack order ” was issued,
A ugust 13 ,
the President himself issued an order which is very similar in
its terms to section 6 of this bill. That order put a stop to
further demotions made without an opportunity for the men
to present their defense and without an opportunity being given
them even to hear the charges made against them. Neverthe
less, there were, and are now, some 23 men who are the victims
of that unreasonable practice and who are still suffering from
the demotions so incurred.
This amendment which I offer is intended to provide that
unless the department reinstates them on the 1 st of October
next, they shall be given an opportunity to meet the charges
such opportunity having heretofore been denied them. I hope
that the amendment, which is designed to correct the injustice
to these men who were the victims of a practice that we all
now concede is wrong, may be adopted.
The PRESIDENT pro tempore. The question is on agree
ing to the amendment. [Putting the question.] By the sound
the “ noes ” appear to have it.
Mr. REED. Mr. President-----The PRESIDENT pro tempore. The noes have it, and the
amendment is rejected.
Mr. HITCHCOCK. Mr. President, the Senator from Mis
souri was endeavoring to get the floor.
The PRESIDENT pro tempore. The Chair begs pardon.
Mr. HITCHCOCK. I refrained from voting on that account.
The PRESIDENT pro tempore. The Chair did not observe
that the Senator from Missouri was endeavoring to get recog
nition.
Mr. REED. I had risen before the Chair had put the mo
tion, and addressed the Chair to have the amendment again
stated.
The PRESIDENT pro tempore. The amendment will be
again stated.
The Secretary again stated the amendment.
The PRESIDENT pro tempore. The Chair will again put the
question. The question is on agreeing to the amendment
offered by the Senator from Nebraska [Mr. H itc h c o c k ].
The amendment was rejected.
Mr. MYERS. Mr. President, I ask that my motion to recon
sider the vote by which the amendment, offered by the Senator
from Florida [
"fll! K W 'imfcjKifor e the
JU "
Senate; and, ^ip ofdcr to enlighten the Senate upon tint subject
to be v o t^ lipon, I ask that the amendment be read.
The ^RESIDENT pro tempore. The amendment will p&
The S ecretary . On page 47, lines 20 and 21, an amendment
was agreed to as in Committee of the Whole on motion of Mr.
flRYAN, to strike out “ paid extra in proportion to their salaries
as fixed by law ” and insert “ allowed compensatory time on
cine of the six days, Sunday excepted, following the day on
which they perform such service.”
'Mr. MYERS. Mr. President, it seems to me, in all fairness,
that the umtion
reconsider the vote by which that amend
ment was adopT3ffii-W 'U 1
M I1W'tllf'l^r'fWUWPeBiat is an important
njatter. It was argued as extensively as it could be under the
rules that are prevailing to-day. Several Senators spoke for it
and several others against it; but when it came to a vote I do
tiot believe six Senators, all told, voted one way or the other.
The Senator from Florida [Mr. B r y a n ] demanded the yeas
and nays, but not in a very loud tone of voice, and I assume,
of course, that the Chair possibly did not hear the demand; but
some of us here supposed that a second for the demand would
be called for, and we intended to second the demand and get a
yea-and-nay vote. However, some little conversation was going
on and a second was not called for. There was a good deal of
confusion at that time, and some of us who desired to vote for
or against the amendment did not have the privilege of voting
understandingly on the amendment; and the motion was put
and carried with two or three votes, I think, all told, and we
did not know that it had been put at all.
Mr. BRYAN. Mr. President------» *
The PRESIDENT pro tempore. Does the Senator from Mon
tana yield to the Senator from Florida?
Mr. MYERS. Certainly.
Mr. BRYAN. I should like to inquire of the Senator from
Montana where he was when that vote was taken?
Mr. MYERS. I was here waiting for a second for the de
mand for the yeas and nays. The Senator from Florida did not
withdraw his demand for the yeas and nays.
Mr. BRYAN. I saw the amendment was adopted, and so I
did not call for the yeas and nays.
Mr. MYERS. The motion had been put without a second
being called on the demand for the yeas.and nays. There was
a good deal of confusion, and some of us who wanted to vote
on the amendment did not have the opportunity of voting, and
1912.
CONGRESSIONAL RECORD— SENATE.
yreally I have not had the privilege of voting on the amendment.
Therefore I think it ought to be reconsidered, and then let
Senators vote as they please on the adoption of the amendment,
so as to give us the right to vote.
The PRESIDENT pro tempore. It is proper that the Chair
should say that the Chair did not hear the demand for the yeas
and nays.
Mr. BRYAN. Mr. President, it was not the fault of the
Chair. I did not demand the j'eas and nays. I was sitting in
my seat and I said “ We will ask for the yeas and nays; ” but
I reconsidered the matter of calling for the yeas and nays. The
Chair was not at fault at all.
Mr. MYERS. That is the only way of demanding the yeas
and nays that I know of—to say “ I demand the yeas and
nays.”
Mr. BRYAN. I did not demand the yeas and nays of the
Chair, but merely made the remark among those who were near
me and were speaking of it.
Mr. JOHNSTON of Alabama. Mr. President-----Mr. MYERS. I yield to the Senator.
Mr. JOHNSTON of Alabama. I should like to ask the Sen
ator if he voted for the amendment?
Mr. MYERS. No; I did not vote at all. I did not have an
opportunity of voting.
Mr. CRAWFORD. I make the point of order that the Sena
tor from Montana can not interpose a motion to reconsider
when he did not even vote on the question.
The PRESIDENT pro tempore. The point of order is well
taken. The Senator from Montana did not vote in the affirma
tive.
Mr. REED. Mr. President, I think the Chair is in error
about that. There was no record vote, and where there is
no record vote it occurs to me that anyone can move to recon
sider.
Mr. LODGE. I make the point of order that under the
unanimous-consent agreement debate is out of order on a mo
tion to reconsider.
The PRESIDENT pro tempore. The Chair will put the mo
tion of the Senator from Montana to reconsider the vote.
There was not a record vote, and so the Senator has the
right to make the motion. The question is on agreeing to the
motion of the Senator from Montana to reconsider the vote
by which the amendment of the Senator from Florida [Mr.
B r y a n ] was agreed to. By the sound the “ noes ” appear to
have it.
Mr. MYERS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. BRYAN (when his name was called). Again announcing
my pair and its transfer, I will vote. I vote “ nay.”
Mr. DU PONT (when his name was called). I have a gen
eral pair with the senior Senator from Texas [Air. C ulberson ].
As he is not in the Chamber, I withhold my vote.
Mr. BRYAN (when Mr. F letcher ’ s name was called). I
desire to announce that my colleague [Mr. I le tc h e r ] has been
absent this afternoon on official business.
Mr. OLIVER (when Mr. L ii ’ p it t ' s name was called). The
junior Senator from Rhode Island [Mr. L ip p it t ] has been com
pelled to leave the Chamber on official business.
Mr. OLIVER (when his name was called). I have a general
pair with the junior Senator from Oregon [Mr. C h a m b e r l a in ],
who is not in the Chamber. I will transfer that pair to the
senior Senator from South Dakota [Mr. G a m b l e ], and will
vote. I vote “ nay.”
Mr. REED (when his name was called). I make the same
announcement as heretofore of my pair with the Senator from
Michigan [Mr. S m i t h ] and the transfer. I vote “ yea.”
Mr. SMITH of South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware
[Mr. R ich a r d so n ] and its transfer to the Senator from In
diana [Mr. K e r n ], t ynto “ pop ”
Air. STONE (when his name \?ffs>»called). I again announce
m y pair with the Senator from Wyoming [Mr. C l a r k ] and
withhold my vote.
Air. TILLMAN (when his name was callect)* I have a pair
with the Senator from Vermont [Air. D i l l in g h a m ]. I do not
know how he would vote. I therefore withhold my vote.
The result was announced—yeas 22, nays 29, as follow s:
EAS— 22.
Ashurst
Bacon
Brandogee
Burton
Chilton
Curtis
Hitchcock
Johnson, Mfe.
Kenyon
La Follctte
McLean
Myers
Newlands
O’Gorman
Page
Poindexter
- Pomerene
Reed
Shively
Simmons
Smith, Ariz.
Smith, S. C.
Bankhead
Borah
Bourne
Bradley
Bristow
Bryan
Catron
Clapp
Bailey
Briggs
Brown
Burnham
Chamberlain
Clark, W yo.
Clarke, Ark.
Crane
Culberson
Davis
Dillingham
N A Y S — 29.
Crawford
Massey
Cullom
Nelson
Cummins
Oliver
Gallinger
Overman
Johnston, Ala.
Penrose
Jones
Perkins
Root
Lodge
Martin, Va.
Sanders
NOT V O T IN G — 43.
Dixon
Kern
du Pont
Lea
Fall
Lippitt
McCumber
Fletcher
Foster
Martine, N. J.
Owen
Gamble
Gardner
Paynter
Gore
Percy
Gronna
Rayner
Guggenheim
Richardson
Heyharn
Smith, Md.
10831
Smith, Ga.
Smoot
Swanson
Townsend
W illiam s
Smith, Mich.
Stephenson
Stone
Sutherland
Thornton
Tillman
Warren
Watson
Wetmore
Works
So the motion to reconsider was not agreed to.
Air. BOURNE. I send to the desk an amendment and ask to
have it read.
Tjie PRESIDENT pro tempore. The amendment will be read.
T h e -S ecretary . On line 17, page 29, strike-out “ o r ” and
insert, after the words, “ substitute railway postal clerk,” the
words “ or post-office inspector,” so that it will read:
Which shall he exempt from the payment of debts of the deceased, to
the legal representatives of any railway postal clerk, substitute railway
postal clerk, or post-office inspector.
The amendment was agreed to.
The amendments were ordered to be engrossed and the bill
to be read a third time.
The bill was read the third time and passed.
PORT BOLIVAR, TEX.
Air. REED. On the 8th instant, from the Committee on Com
merce, I reported back favorably without amendment the bill
(II. R. 22199) to extend the limits of the port of entry of Gal
veston, Tex., to include Port Bolivar, in that State. I call the
attention of the Senator from Texas to the bill.
Mr. BAILEY. I ask unanimous consent for the present con
sideration of the bill.
There being no objection, the bill was considered as in Com
mittee of tbe Whole.
The bill was reported to the Senate without amendment, or
dered to a third reading, read the third time, and passed.
COOSA RIVER DAM, ALA.
Air. LODGE, Air. BANKHEAD, and others addressed the
Chair.
The PRESIDENT pro tempore. The Senator from Alassachu setts.
Air. LODGE. I move that the Senate nowr adjourn.
Arr. BAILEY. There is a special order. I hope the Senator
from Alassachusetts will w
rait.
Air. LODGE. I withdraw the motion with great pleasure,
if the special order is to be taken up.
Air. BANKHEAD. The Senate has now been in session for
the past nine hours. It may be that the Senate would prefer
that Senate bill 7343, to authorize the building of a dam across
the Coosa River, Ala., at the place selected for Lock No. i s on
'said river should go over until to-morrow morning, to be made
a special order immediately after the morning business has
been concluded. If that can be agreed to, I would have no
objection.
Air. LODGE. I have no objection. I think it ought to go
over.
The PRESIDENT pro tempore. Is there objection to tbe
request o f tbe Senator from Alabama? The Chair hears none,
and it is so ordered.
FUR-SEAL CONVENTION.
Air. LODGE. I desire to say in addition that wdien the meas
ure relating to the Coosa Dam is disposed of, I shall then call
up House hill 16571 to ratify the convention with Russia, Eng
land, and Japan in regard to fur seal.
VOCATIONAL EDUCATION.
Air. PAGE. I wish to give notice that on AVednesday, August
14, at the close of the consideration of the so-called seal bill I
w ill ask the Senate to consider and dispose of Calendar No. 348
Senate bill 3, to cooperate with the States in encouraging in
struction in agriculture, the trades, and industries, and home
economics in secondary schools, and so forth.
THE PAN AM A CANAL— FOREIGN-BUILT SH IPS.
Air. LODGE. I move that the Senate adjourn.
Air. WILLIAA1S. I ask the Senator who moved to adjourn
to withdraw the motion for one minute while I state a question
of personal privilege.
10832
CONGRESSIONAL RECORD— HOUSE
Mr. LODGE. Certainly; I yield for that purpose.
Mr. WILLIAMS. The other day I offered an amendment to the
Panama Canal hill (H. It. 21969), which was adopted, to admit to
American registry ships engaged in foreign commerce. In some
way or other, I do not know how, the amendment as adopted by
the Senate has been changed upon the record. As I moved the
amendment it was that “ foreign-built ships, to engage only in
foreign commerce, should be admitted to American registry.”
As it was reported ill the Senate proceedings it was that “ for
eign-built ships, built only to engage in foreign commerce,
should be admitted to American registry.” It would seem that
one word would not make much difference, but one word in that
case does make a great deal of difference.
As I proposed the amendment and as it was adopted we
might have gone out on the high seas and bought the tramp
ships or other ships at any time and provided that they were
engaged only in the foreign commerce they would be entitled
to American registry. But under this provision, as some clerk
or employee of the Senate has changed it in some way—and
I do not charge that they have done it with any object at all
in view ; I suppose it was a mere accident—it reads, “ built
only to engage,” so that no foreign-built ship engaged in foreign
commerce could fly the American flag under the provision as it
appears in the R ecord , unless it had been built only to engage
in foreign commerce. In other words, no ship afloat now could
be bought to engage in the foreign commerce, which was totally
contradictory of the amendment as it was passed by the
Senate.
I might, perhaps, make a motion to bring the measure back to
the Senate in order that it might be corrected, but I do not want
to do that, because I know that the records of the Senate show
I am correct in the statement I have made. I merely wanted to
make this explanation in order that the Senate conferees
might be duly informed as to what the Senate actually did.
What the Senate actually did was to adopt an amendment,
which I would read, but some one has taken it from my desk.
The amendment was that all laws preventing the admission
to American registry of foreign-built ships to engage only in
the foreign trade were repealed, and to that was added subse
quently an amendment proposed by the Senator from New
Hampshire [Mr. G a l l in g e r ] , now in the chair, to which I
agreed, putting upon an equal footing as regards the mail
subventions all ships built in foreign yards and the ships
built in American yards for the foreign trade.
I thought it proper to make that announcement in order that
the Senate conferees would understand the situation.
Mr. PENROSE. I move that the Senate adjourn.
The motion was agreed to; and (at 7 o’clock and 2 minutes
p. m.) the Senate adjourned until to-morrow, Wednesday,
August 14, 1912, at 10 o’clock a. m.
HOUSE OF KEPBE SENTATI VE S.
T u e sd ay , August 13,1912.
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Infinite and eternal Spirit, author of life, intelligence, and
purity, help us with firmer grasp to lay upon those things
which are eternal, that by an adequate use of things temporal
we may be prepared for whatsoever awaits us in the life that
now is and in the life beyond the confines of earth. For Thine
is the kingdom and the power and the glory forever. Amen.
The Journal of the proceedings of yesterday was read and
approved.
FEDERAL INCORPORATION.
Mr. GARDNER of Massachusetts. Mr. Speaker, I wish to
present a request for unanimous consent. I am about to intro
duce two measures providing for Federal incorporation, one
of them drafted by Mr. Justice Charles F. MacLean, of the New
York Supreme Court, and the other drafted by Mr. Blackburn
Esterline, of the Department of Justice, in cooperation with
myself.
I ask unanimous consent to print on the front of each bill the
name of its author. Otherwise there is likely to be very greqt
confusion.
I take no responsibility for Mr. Justice MacLean’s bill. It
represents his views, not mine. At the same time I do not wish
to introduce it “ by request.” I wish to introduce it and to
print on the front of it, “ Drafted by Mr. Justice Charles F.
MacLean.” On the other bill I wish to show the fact that it
is drafted by Mr. Blackburn Esterline in consultation with
me. That is my request.
A ugust 13 ,
The SPEAKER. The gentleman from Massachusetts asks
unanimous consent that when he introduces two certain bills
which he names he may print on the front page of each bill the
words, “ Drafted by --------- Is there objection?
Mr. FITZGERALD. Mr. Speaker, reserving the right to ob
ject, where would we end if this practice were once started, and
every Member who wanted to distinguish the product of His
own brain from that of somebody’s else brain should desire to
print the announcement, “ Drafted by Mr. --------- ? ”
Mr. GARDNER of Massachusetts. Mr. Speaker, I should
think-----Mr. FITZGERALD. These bills are numbered, and the fact
can be made known that a bill of such a number is one bill
and a bill of another number is another bill. These bills are
printed for the use of the House in accordance with a wellsettled practice, and I doubt very much the propriety or advisa
bility of putting anybody’s name on a bill except that of who
ever introduces it; certainly not the name of anyone who is
not a Member of this House.
Mr. GARDNER of Massachusetts. Let me say to the gentle
man that that is all very well in theory. As a matter of fact
the minority report of the steel committee is going to have a
good deal of circulation among college professors and others.
They may perhaps ask for the Gardner bill on Federal in’
corporation. In reply it is quite as likely that the MacLean hill
would be furnished instead of the Gardner bill.
Mr. FITZGERALD. The gentleman can obviate that in one
of two ways, either by introducing only one bill, which will
represent his own views, or by leaving instructions tfiat when
ever anybody requests the Gardner bills, all of them shall be
sent, with the notice that the receiver of them can take big
choice.
Mr. GARDNER of Massachusetts. Does the gentleman se
riously object to this?
Mr. FITZGERALD. I very seriously object to printing the
name of some outsider, not a Member of this House, upon bills
introduced into the House.
Mr. FOSTER. Let me ask the gentleman this question, is
it not a rule of the House that Members have a right to intro
duce bills by request?
Mr. GARDNER of Massachusetts. And wash my hands of it
like Pontius Pilate. I should never think of introducing a bill
prepared by a justice o f the Supreme Court of the State of New
York and of marking it “ by request.” That is as much as to
say, “ I consider this bill of no importance.” That is my very
reason for asking this unanimous consent, because I do not want
to introduce the MacLean bill “ by request.”
Mr. BURKE of Pennsylvania. Can not the gentleman obviate
the difficulty by introducing only one bill?
Mr. GARDNER of Massachusetts. A justice of the Supreme
Court of New York asked me to introduce the bill. It is not
the bill that is recommended by the minority of the steel com
mittee. I can not say to Mr. Justice MacLean, “ I decline to
introduce your bill.”
Mr. FITZGERALD. Why not?
Mr. GARDNER of Massachusetts. When a member of the
supreme court asks the gentleman from New York to intro
duce a bill, does he generally like to say, ‘ N o; I shall not
do it ” ?
Mr. FITZGERALD. In the first place, members of the su
preme court seem not to be overanxious to ask me to introduce
bills. I never introduce a bill into this House that I person
ally do not favor, and it would be much better if all Members
of the House would make it a rule not to introduce bills unless
they were willing to advocate them. That should be the theory
upon which legislative bodies should act.
Mr. GARDNER of Massachusetts. That may be so. Never
mind about the tlieory. Here is a practical question. Here is
a justice of the supreme court of the gentleman’s State. First
he went to a Member upon the Democratic side of the House
and asked him to introduce this bill. This Member said that
the bill did not represent his ideas, but that the minority of
the steel committee had declared in favor of Federal incor
poration. I was called into consultation. I suggested to the
Member on the other side of the House that I should be glad
to introduce the bill “ by request.” He said, “ Please do not
do that. You know what consideration the House gives and
what people usually think is meant when you introduce a bill
‘ by request.’ ”
Mr. UNDERWOOD. Mr. Speaker, I must ask for the regular
order. I have no objection to the gentleman’s request being
submitted, but I do object to a discussion of the matter.
The SPEAKER. Is there objection to the request of the
gentleman from Massachusetts?
Mr. FITZGERALD. Mr. Speaker, I object.
1912.
CONGRESSIONAL RECORD— SENATE.
The PRESIDENT pro tempore. The Senator from Wisconsin
offers an amendment, which will be stated.
The S e c r e t a r y . It i s proposed to strike out all after the
enacting clause of the bill and insert:
That the act entitled “ An act to provide revenue, equalize duties, and
encourage the industries of the United States, and for other purposes,
approved August 5, 1009, be, and the same is hereby, amended by
striking out all of the paragraphs of Schedule I o f section 1 of said
act, from 313 to 333, inclusive of both, and inserting in place thereof
the follo w in g:
,
,
1. Cotton card laps, sliver, roving, or roping, o per cent ad valorem.
2. Cotton waste and flocks, manufactured, or manufactures ot, 10 per
cent ad valorem.
, ,,
3. Cotton yarns, in the gray or otherwise, not advanced beyond the
condition of singles by grouping or twisting two or more single yarns
together, not exceeding No. 40, 74 per cent ad valorem.
Exceeding No. 40 and not exceeding No. 80, 10 per cent ad valorem.
Exceeding No. 80. 15 per cent ad valorem.
4. Cotton yarn or thread not otherwise provided for, in the gray or
otherwise, advanced beyond the condition of singles by grouping or
twisting two or more single yarns together; and cable-laid yarns or
threads, in the gray or otherwise, made by grouping or twisting two or
more twisted yarns or threads together, shall he subject to the same
rales of duty as the single yarns from which they are made, and in
addition thereto 5 per cent ad valorem.
Spool thread of cotton, crochet, darning, and embroidery cottons, on
spools, shall be dutiable at the same rates of duty as the single yarns
from which they are made.
, , .
,
,
5. Cotton cloth, plain woven, in the gray, or bleached, dyed, colored,
stained, painted, printed, mercerized, or otherwise finished, containing
not more than 5 square yards to the pound, 5 per cent ad valorem.
Containing more than 5 and not more than 74 square yards to the
pound, 10 per cent ad valorem.
Containing more than 7J square yards to the pound, 15 per cent
ad valorem.
6. Cotton cloth, fancy woven, in the gray, or bleached, dyed, colored,
stained, painted, printed, mercerized, or otherwise finished, containing
figures produced by various weaving devices known as dobby, drop-box,
leno, lapiiet, swivel, or any other name except Jacquard, 20 per cent
ad valorem.
„
.
_
,
7. Cotton cloth woven by means of the Jacquard attachment, not
otherwise provided for, 25 per cent ad valorem.
Cotton table damask, 25 per cent ad valorem ; manufactures of cotton
table -damask, or of which cotton table damask is the component ma
terial of chief value, not specially provided for in this section, 25 per
cent ad valorem.
,
..
.
,.
8 Cloths containing silk or artificial silk, m which cotton is the
component material of chief value, shall be subject to the same rates
of duty as cottoii cloths of similar weave, and in addition thereto 5
per cent ad valorem.
.
.
”
9. Cotton cloths filled or coated, in whole or m part, including oil
cloth of c o tto n ; waterproof cloths composed of cotton or in which
cotton is the component material of chief value, 20 per cent ad valorem.
10. Handkerchiefs or mufflers of cotton, in the piece or otherwise,
finished or unfinished, hemstitched or not, not specially provided for,
shall pay the same rate of duty as the cloth of which they are made,
and in addition thereto 5 per cent ad valorem.
11. Plushes, velvets, and all pile fabrics made of cotton, or of which
cotton is the component material of chief value, whether the pile
covers the entire surface or n o t :
Uncut, 15 per cent ad valorem.
Cut, in whole or in part, 40 per cent ad valorem.
Provided, That manufactures or articles in any form, including such
as are commonly known as bias dress facings or skirt bindings, made
or cut from plushes, velvets, or other pile fabrics composed of cotton,
or of which cotton is the component material of chief value, shall be
subject to the same rates of duty as the fabrics from which they are
made.
12. All articles manufactured of cotton chenille, or of which cotton
chenille is the component material of chief v a lu e ; cotton reps, Jacquardfigured tapestry, and Jacquard-figured upholstery goods weighing over
6 ounces per square yard, made of cotton, or of which cotton is the
component material of chief value, 40 per cent ad valorem.
13. Stockings hose, and half hose, made wholly or in part on knit
ting machines or frames, commercially known as seamless, composed of
cotton, or of which cotton is the component material of chief value,
20 per cent ad valorem.
,
, ,,
.
.
14. Stockings, hose, or half hose, made wholly or in part on knitting
machines or frames, or knit by hand, and commercially known as fnllfashioned, composed of cotton, or of which cotton is the component
material of chief value, valued at not more than 82 per dozen pairs,
50 per cent ad valorem ; valued at more than 82 per dozen pairs, G
O
per cent ad valorem.
15. All underwear of every description, made wholly or in part on
knitting machines or frames', or knit by hand, finished or unfinished,
not otherwise provided for, composed of cotton, or of which cotton is
the component material of chief value, valued at not more thon 81-50
per dozen garments, 20 per cent ad valorem.
Valued at more than $1.50 per dozen garments and not more than 83
per dozen garments, 30 per cent ad valorem.
Valued at more than $3 per dozen garments and not more than 80
per dozen garments, 40 per cent ad valorem.
Valued at more than 80 per dozen garments, 45 per cent ad valorem.
10. Men’s and boys’ gloves, knitted or woven, composed of cotton,
or of which cotton is the component material of chief value, 50 per cent
ad valorem.
17. Tire fabric or fabric suitable for use in pneumatic tires, made of
cotton, or of which cotton is the component material of chief value,
25 per cent ad valorem.
,
,
18. Bone casings, garters, suspenders and braces, webs, webbings, and
tubing, any of the foregoing composed wholly or in chief value of
cotton, or of cotton and India rubber, and not embroidered by hand or
machinery : spindle banding, woven, braided, or twisted lamp, stove, or
candle wicking. loom harness, liealds or collets, boot, shoe, and corset
lacings, labels for garments or other articles; composed of cotton, or
of which cotton is the component material of chief value, 30 per cent
fid valorem.
Belting for machinery made of cotton and India rubber, or of which
cotton is the component material of chief value, - 0 per cent ad valorem.
19. Clothing, ready-made, and articles of wearing apparel of every
description, wholly or partly manufactured, not specially provided for,
composed wholly or In chief value of cotton, 30 per cent ad valorem.
10897
20. All articles made from cotton cloth, and all manufactures of
cotton, or of which cotton is the component material of chief value,
not specially provided for, 30 per cent ad valorem.
21. The term cotton Cloth wherever used in the paragraphs of this
schedule, unless otherwise specially provided, shall he held to include
all woven fabrics composed wholly or in chief value of cotton, in the
piece or cut in lengths, and shall not include any article finished or un
finished made from cotton cloth.
S ec . 2. That the last clause of paragraph 347 of said act of August
5, 1909, is hereby amended so as to read as follows :
Waterproof cloth composed of vegetable fiber other than cotton,
whether composed in part of india rubber or otherwise, 10 cents per
square yard and 20 per cent ad valorem.
S ec . 3. That paragraph 347 of said act of August 5; 1909, is hereby
amended by adding the following proviso :
,
Provided, That none of the foregoing shall apply to coated or filled
cotton cloth, or articles made therefrom.
Sec . 4. That paragraph 348 of said act of August 5, 1909, is hereby
amended so as to read as follows :
Shirt collars and cuffs, composed of linen, or of which linen is the
component material of chief value, 40 cents per dozen pieces and 20
per cent ad valorem.
Sec . 5. That paragraph 349 of said act of August 5, 1909, is hereby
amended by striking out therefrom the words “ webs and webbings.”
The PRESIDENT pro tempore. The question is on agreeing
to the amendment, in the nature of a substitute, offered by the
Senator from Wisconsin.
Mr. KENYON. Mr. President, I suggest the absence of a
quorum.
The PRESIDENT pro tempore. The Senator from Iowa sug
gests the absence of a quorum. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashuffet
Bacon
Bailey
Bankhead
Borah
Bourne
Bradley
Brandegee
Briggs
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Fletcher
Gallinger
Guggenheim
Johnston, Ala.
Jones
Kenyon
La Follette
Lodge
McCumber
Martin, Ya.
Massey
Myers.
Nelson
Oliver
Overman
Page
Penrose
Perkins
Pomerene
Iteed
Boot
Sanders
Simmons
Smith, Ga.
Smoot
Stone
Sutherland
Thornton
Tillman
Townsend
Warren
W illiam s
W orks
Mr. THORNTON. I wish to announce that the senior Senator
from Louisiana TMr. F oster ] is necessarily absent.
The PRESIDENT pro tempore. Fifty-five Senators have
answered to their names. A quorum-of the Senate is present.
Mr. LA FOLLETTE. Mr. President, I am not going to take
the time o f the Senate at this late day in the session for any
extended discussion of this schedule. I shall not consume time
by going into a detailed explanation of the amendment I have
just offered.
On August 22, 1911, the President vetoed precisely the bill
which is presented to the Senate and under consideration and for
which I have offered an amendment in the nature of a substitute.
That bill is identical with the bill now presented, excepting a
change in the date. The President in his veto message of that
bill at that time said:
When the reports of the Tariff Board upon these schedules are
received, the duties which should be imposed can be determined upon
justly and with intelligent appreciation of the effect that they will
have both upon industry and upon revenue.
The President’s chief reason for withholding executive ap
proval of the bill as set forth in his message at that time was
lack of information enabling him to pass upon the rates fixed
in the bill as it reached him.
As soon as the Tariff Board completed its investigation of
Schedule I, the cotton schedule, the President transmitted the
findings of that board to Congress with a message, from which
I wish to read a few lines:
I now transmit a report of the Tariff Board on Schedule I (cotton
manufactures). In this report, also, the board is unanimous in its
findings. On the basis of the report I now recommend that the Con
gress proceed to a consideration of this schedule, with a view to its
revision and a reduction of its rates.
I base this recommendation on the declaration of the platform on
which I was elected— that a reasonable protective tariff should be
adjusted to the difference in cost of production at home and abroad.
And the President transmits this report to Congress as a
suitable and fit finding upon which Congress may proceed to
legislate, to redeem the pledges upon which he and a Republican
Congress were elected.
Now, Mr. President, the amendment which I have presented
was drafted by the Tariff Board in accordance with its find
ings in this report, and offered in the House o f Representatives
b y Congressman H il l , of Connecticut, a Republican member of
the Committee on Ways and Means.
Mr. REED. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Wis
consin yield to the Senator from Missouri?
Mr. LA FOLLETTE. I do.
10898
CONGRESSIONAL RECORD— SENATE.
Mr. REED. I want to know if I correctly understood the
Senator. I understood him to say that this amendment which
he now offers was actually drawn by the Tariff Board.
Mr. LA FOLLETTE. I so stated.
Mr. REED. Has it come to this, in the progress of events,
that the power which the Constitution vested in the House of
Representatives to originate revenue measures can not be exer
cised until a Tariff Board appointed by the President shall
have reported; and, second, that Congress must follow its
recommendation; and, finally, that that board is to completely
usurp the functions and powers of Congress and actually pre
pare the bill? If that is true, then I want to know how much
is left of the constitutional power of Congress to originate
revenue measures.
Mr. LA FOLLETTE. Mr. President, if my friend, the Senator
from Missouri, had given me the opportunity to say so, he
would have learned that this bill was drawn by the Tariff
Board at the request of a Republican member of the Ways and
Means Committee of the House of Representatives who intro
duced it. I apprehend that the Senator from Missouri has
solicited the assistance of experts in and out of the employ
of the Government in the preparation of bills and amendments
which he has from time to time introduced, without for a
moment thinking that he was surrendering his high prerogative
as a Member of the Senate of the United States.
Mr. REED. Mr. President-----Mr. LA FOLLETTE. Pardon me. I was particularly ad
dressing myself to Senators upon this side of the Chamber. I
am aware that the Democratic Members of the Senate” are
generally opposed to and have generally voted against the es
tablishment of a tariff commission. Upon their theory of the
fixing of customs duties upon a revenue basis they do not re
quire to the same extent the services of a Tariff Board,
although I have always believed that the services of a Tariff
Board or commission, if rendered under such complete author
ity as to make them effective, would be found very helpful
in framing a tariff bill upon a strictly revenue basis.
Pursuant to the recommendations of the President and to
the suggestions which he made in his message, when he vetoed
the cotton bill, about a year ago, this Tariff Board had com
pleted its investigations and arrived at conclusions which were
transmitted to the Congress of the United States, and, accord
ing to the President’s view, were sufficiently thorough and ac
curate to be the basis of a recommendation upon lvis part that
there should be instituted a revision of the duties upon the
cotton schedule in accordance with that recommendation.
Mr. REED. Will the Senator from Wisconsin pardon an
other interruption ?
Mr. LA FOLLETTE. Certainly.
Mr. REED. What I said ought not to be construed by the
Senator or anyone else as a criticism of the Senator because he
brings in here a bill written by the Tariff Board. What I
meant to emphasize, if I could, was the fact that under the
policy of the President this board has been given a supreme
power, if not authority, and that we are drifting to a position
to-day that is utterly untenable.
Now, I make this distinction: It is true that any Senator or
Representative has the right to call upon any expert for infor
mation in regard to facts, and when he has received those facts
to use them in the preparation of a tariff bill. There is no ob
jection to.that; it has always been done; but it was not until
the creation of this Tariff Board that we were told two things:
First, that Congress did not possess the necessary wisdom to
ascertain the facts itself and must obtain those facts from the
Tariff Board alone, and, second, that we must follow the con
clusions and recommendations of the Tariff Beard or substi
tute their judgment for the judgment of Congress.
Now, it seemed to me that we had gone just a step farther.
The Tariff Board puts its conclusions in the form of a bill and
passes that bill over to Congress or to a Congressman, and the
proposition now is, on the part of the President, “ take that
which my board has agreed to or take nothing.”
Now, I can understand how in that extremity a Senator will
adopt it in the hope to get something through, but I submit to
Senators it is an act of outrageous usurpation and abuse of the
veto power, and that all Members of both bodies ought to
resent it.
Mr. LA FOLLETTE. Mr. President, the substitute which I
have offered here was introduced in the House of Representa
tives by Congressman H i l l , of Connecticut, a Republican mem
ber of the Ways and Means Committee. Mr. H il l in offering it
as a substitute for the Democratic bill, after stating that he
believed it to be his duty to support legislation in accordance
with the platform of the party upon which he was elected and,
as applied to this particular subject, to support legislation
A ugust
14
j
which measured the difference in the cost of production }n
this and competing foreign countries, goes on to say:
Feeling my own unfitness for the work, I called to my assistin
several of the experts who had conducted the investigation, and
many weary days of careful study a new Schedule 1 was constructAir
which, if the report of the Tariff Board as to American costs is rA1
,
rect, is protective in every item and yet is in strict accord with ti
Republican platform as to the elimination of excessive duties whu
still preserving the security against foreign competition to which ’
,
can producers and wageworkers are entitled.
‘
Mr. President, the investigation conducted by the Tariff
Board, upon which this bill was drawn, was, I think, m0lthorough and more scientifically exact than that made’ in r ®
spect to any one of the other schedules investigated. It
especially conducted by the tariff expert of the board, the chief
statistician, Mr. N. I. Stone. Of this investigation Mr. Emery1
the president of the board, has this to say in a letter addressoi
to Mr. H i l l :
u
T h e T a r if f B oard ,
Treasury Building, Washington, Mag 25, ioi~>
H on. E b e n ezer J. H il l ,
House 0/ Representatives, Washington, D. C.
M y D ea r M r . H il l : Referring to your questions in conversation
with Mr. Cowgiil regarding the accuracy of the cost figures in 0„^
cotton report and your i-equest that a statement be made in w riting
I bog to say that in all instances where reports were obtained fronl
cotton-manufacturing companies the x
’esults of our cost extensions
were carefully examined by the officers of the mill before the report
was forwarded to the Tariff Board. This examination was complete
and went into each detail of the extensions rather than merely to have
the officers sign their names without making a close examination
The cost-extension figures were cai-efully compared with the cost ex
tension made by the mills, and all the reports forwarded to the board
were agreed by the officers of the company and x-epresentatives of the
board to be correct. As to the accuracy of these extensions, I wish to
state that the total expenditui’es of the company were carefully
checked to agree with the figures published in their annual financial
statement. Using these sums as a basis, we then made up our own
cost statement according to 'our own methods, which we believe to be
accurate and not merely the accepting of the company’s own estimates
of cost.
In one instance a company was doing an $8,000,000 annual busi
ness ; after the costs had been extended for this company and the
total number of yards of each kind of goods multiplied by the cost
per yard as shown by the report, the figures checked within $8.33
of the total amount of money expended by this company in manufac
ture during the year for which the costs were taken. In another case
by the same method, the variation amounted to $332. The greatest
variation in any of the reports was in the case of a company doing a
$2,000,000 annual business where, by multiplying the number of yards
produced by the cost per yard ascertained by us, the difference amounted
to $3,500. But this difference would not affect the costs in the sixth
decimal place.
In every case the companies agreed, after a careful examination, that
our costs were correct, and in some few cases the mills have adopted
our cost extensions in toto, while in others our system of extensions
has been adopted at least in part.
These facts I believe fully justify the statement that the most
accurate costs possible have been obtained.
Very truly, yours,
H e n r y C. E m e r y , Chairman.
I read that because it comes from the president of tlie board
and shows with what thoroughness this investigation of the
cotton industry was conducted. It shows that when they had
ascertained the cost of producing the different articles of manu
facture in these cotton industries, their cost figures received the
approval of the owners and managers of the mills.
So much for the report. Now, Air. President, we have the
statement of a member of the Ways and Means Committee
that this bill which he presented in the House was drawn with
the assistance o f the board’s experts—the very men who made
this investigation.
Mr. President, this bill is strictly in accord with the tariff
pledge of the Republican Party made in its platform in 1908.
and 1 am wholly unable to see how any Republican can justify
opposition to the bill as presented.
Mr. PENROSE. Will the Senator permit me?
Mr. LA FOLLETTE. Certainly.
Mr. PENROSE. Does the Senator construe anything in the
attitude or the report of the Tariff Board to favor ad valorem
duties?
Mr. LA FOLLETTE. Mr. President, the Tariff Board, in its
report upon this cotton schedule, say that the duties to be ap
plied in dealing with cotton manufactures should be ad valorem
duties.
The Senator from Pennsylvania knows, of course, that he
never voted for a revision of the woolen schedule without vot
ing for ad valorem duties on all of the manufactured products
in that schedule. The only specific duties in Schedule K are
those which are supposed to measure the compensatory duties.
Mr. PENROSE. I had printed in the R ecord when the w ool
bill was up a full statement 011 the ad valorem proposition, to
which I will refer the Senator from Wisconsin.
Mr. LA FOLLETTE. Mr. President, if the Senator will par
don me, I am just wondering whether he read it before he pre
sented it, for I have been examining it, and I will say to the
1912.
CONGRESSIONAL RECORD— SENATE.
and capable men or whether they seem to be distorted by either
interest or prejudice.
Mr. LA FOLLETTE. Mr. President, I have very great re
spect for some of the work of that board and for some of the
members of that board; I do not like to indulge here on the
floor in any personal criticism of gentlemen who are not present
and can not answer for themselves. There have been reports
on some of the tariff schedules made by that board with which
I can not bring myself to agree. I might go further than that,
but I prefer not to do so at this time and in this place.
Mr. NEWLANDS. The Senator from Wisconsin will realize
my purpose in asking the question. I imagine that few of the
Senators and few of the Members of the other House, for that
matter, have had time to look over the Tariff Board report,
and, knowing that the Senator has given a great deal of time
and study to this question, I for one would largely rely upon
his view as to the accuracy of those findings. I agree with the
Senator that whatever action we take, whether upon the pro
tective basis or the revenue basis, it is very important that we
should ascertain the facts. We ourselves have not the time to
ascertain the facts, and therefore the obligation rests upon us
to see that some impartial board is organized that will inquire
into the facts. I was desirous of having the Senator’s opinion
as to the findings, particularly with reference to this cotton
schedule. Is the Senator satisfied with those findings?
Mr. LA FOLLETTE. I do not hesitate to say, Mr. Presi
dent, that the investigation of the cotton schedule has been
more thorough and scientific than any other schedule reported
by the board. I think anyone who examines the report on
cottons will be impressed particularly with the accuracy and
thoroughness of the investigation o f the cotton schedule.
I do not think, Mr. President, that I ought to take the time of
the Senate further than to add, with respect to cotton yarns,
that the Tariff Board finds the difference in the cost of pro
duction between this and competing countries to be from 3 to
II per cent (without noting the fractions). On cotton cloth
the board says:
In the case of a large variety of plain goods the labor cost of turn
ing yarn into cloth in the United States is not greater, and in some
cases is lower than in England.
That is absolutely so.
I am thoroughly convinced, Mr. President, that duties in
excess of those fixed in the amendment which I have offered
here could not be justified on the principle upon which we bas<
our support of a protective tariff. I want the opportunity
vote for a bill that is consistently protective, reducing the duties
to the difference in the costs of production, as indicated.
I want to say now that, if the substitute fails to ca/ry, I
shall vote for the Democratic bill. It is not a consistent b ill;
its duties are not related; some o f them are so high
to be
prohibitory; in a few of the paragraphs they are lower than
they ought to be to be protective; but, taken all together, if it
were to be enacted into law it would be a great relief to the
people of this country from the extortionate duties which are
fixed, by the Pavne-Aldrich tariff law.
The PRESIDING OFFICER. The question is on tfije amend
ment submitted by the Senator from Wisconsin IMr. L a Fol
l e tt e ].
Mr. SMOOT. Mr. President, I suggest the absence of a
quorum.
#
The PRESIDING OFFICER. The Senator from Utah sug
gests the absence of a quorum. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
I?aeon
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Bryan
Burnham
Catron
Chamberlain
Chilton
Culberson
|r
i#
\,K
1 t
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Guggenheim
Johnson, Me.
Johnston, Ala.
Jones
Kenvon
La Follette
Lodge
McCumber
McLean
Martin, Va.
Myers
Nelson
Newlands
O’Gorman
Oliver
Overman
Page
Penrose
Perkins
Poindexter
Pomerene
Reed
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smith, S. C.
Smoot
Stone
*
"’t?TWfeerland
Thornier?*.-, _
Townsend
Warren
\
The PRESIDING OFFICER. Fifty-six Senators have an
swered to their names, and a quorum of the Senate is present.
The question is upon the amendment in the nature of a substi
tute submitted by the Senator from Wisconsin.
Mr. SIMMONS. On that I ask the yeas and nays.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. GUGGENHEIM (when his name was called). I have a
general pair with the senior Senator from Kentucky [Mr. P a y n t e b ] , who is not in the Chamber.
I transfer that pair to the
ii
v .
V.A
A
i*
4
?>
to I
10901
senior Senator fro m South Dakota [Mr. G a m b l e ] and w ill vote.
I vote “ nay.”
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P ekcy ], A s he is absent, I withhold my vote.
Mr. MASSEY (when his name was called). I have a pair
with the Senator from Virginia [Mr. S w a n s o n ]. If he were
present, I should vote “ nay.”
Mr. REED (when his name was called). I transfer my pair
with the senior Senator from Michigan [Mr. S m i t h ] to the
Senator from Arkansas [Mr. C l a r k e ] and will vote. I vote
“ nay.”
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the Senator from Delaware [Mr. R ich ard
so n ].
I transfer that pair to the Senator from Indiana [Mr.
K e r n ] and will vote. I vote “ nay.”
Mr. STONE (when his name was called). I have a general
pair with the senior Senator from Wyoming [Mr. C l a r k ], I
transfer that pair to the Senator from New Jersey [Mr. Mart in e ] and will vote.
I vote “ nay.”
Mr. SUTHERLAND (when his name was called). I have a
general pair with the Senator from Maryland [Mr. R a y n e r ] ,
and, on account of his absence, I withhold my vote.
Mr. MARTIN of Virginia (when Mr. S w a n s o n ’ s name was
called). My colleague [Mr. S w a n s o n ] is unavoidably absent
from the city. Lie is paired with the junior Senator from
Nevada [Mr. M a s s e y ]. I make this announcement in relation
to all votes taken to-day.
Mr. WARREN (when his name was called). I have a gen
eral pair with the Senator from Louisiana [Mr. F oster ], and
therefore withhold my vote.
The roll call was concluded.
Mr. BRIGGS. I have a general pair with the senior Sena
tor from West Virginia [Mr. W a t s o n ]. In his absence, I will
withhold my vote. I make this announcement for the day.
Mr. BRANDEGEE. I am requested to announce the pair of
the junior Senator from Rhode Island [Mr. L i p p it t ] with the
senior Senator from Tennessee [Mr. L e a ].
Mr. LA FOIJUFFT-E. - ■
--L
-i T ^ ested to announce, for the
junioi^JiertriTor from North Dakota TMr. ; Gronna], that he is
i
unrffpidably absent, and that if present he'would vote “ yea.”
,-Mr7 CHAMBERLAIN. I desire to announce for the day that
'he senior Senator from Oklahoma [Mr. O w e n ] is paired with
the senior Senator from Nebraska [Mr. B r o w n ].
Mr. CURTIS. I am requested to announce that tlfe senior
Senator from Rhode Island [Mr. W etm ore ] is paired with the
junior Senator from Maine [Mr. G ardner ].
The result was announced—yeas 14, nays 40, as follows:
Borah
Bourne
Bristow
Clapp
Ashurst
Bacon
Bradley
Brandegee
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Culberson.
Cullom
Bailey
Bankhead
Briggs
Brown
Clark, W yo.
Clarke, Ark.
Crane
Davis
Dixon
Y E A S — 14.
Kenyon
La Follette
Nelson
Poindexter
N A Y S — 46.
Curtis
Newlands
Dillingham
O ’Gorman
Oliver
du Pont
Gallinger
Overman
Guggenheim
Page
Hitchcock
Penrose
Johnson, Me.
Perkins
Pomerene
Johnston, Ala.
Reed
Lodge
Root
McLean
Sanders
Martin, Va.
Shively
Myers
NOT V O T IN G — 34.
Lippitt
Fletcher
McCumber
Foster
Martine, N. J.
Gamble
Massey
Gardner
Owen
Gore
Paynter
Gronna
Percy
lleyburn
Rayner
Kern
Richardson
Lea
Crawford
Cummins
Fall
Jones
Townsend
Works
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Stone
Thornton
Tillman
W illiam s
Smith, Mich.
Stephenson
Sutherland
Swanson
Warren
W atson
Wetmore
So Mr. L a F ollette ’ s amendment was rejected.
The PRUS4DF-YT pro tempore. If there are nq^ftnrther
amendments, thebllb wii 1,ha xenpUedJo^Uu;
The bill was reported to the Senate as amended.
Mr. SIMMONS. I desire to reserve the amendment as to
the repeal of certain parts of the reciprocity act.
The PRESIDENT pro tempore. The question is on concur
ring in the reserved amendment made, as in Committee of the
Whole, which the Secretary will state.
The S ecretary . The Senate, as in Committee of the Whole,
adopted an amendment to add to the bill a new section, to be
known as section 4, as follows:
S ec . 4. That sections 1 and 3 of the act entitled “ An act to promote
reciprocal trade relations with the Dominion of Canada, and for other
purposes,” approved July 26, 1911, be, and are hereby, repealed.
X L V I11----- 685
I
H
10902
CONGRESSIONAL RECORD— SENATE.
Mr. SMOOT. Mr. President, do I understand the amendment
only covers sections 1 and 3-of the reciprocity act?
The PRESIDENT pro tempore. The amendment will be
again stated.
The Secretary again stated the amendment.
Mr. SMOOT. I should like to ask the Senator from North
Carolina if the amendment as voted on as in Committee of the
Whole did not repeal the whole Canadian reciprocity act?
Mr. SIMMONS. It repealed all of it, except that part of it
which relates to print paper, pulp wood, and wood pulp— in other
words, it repealed that part of it which has never gone into
force and effect, and retained that part of it which is now in
force. It is along the lines of the Bacon'amendment.
Mr. SMOOT. I believe the sentiment of the Senate has been
expressed a number of times upon that amendment, and it has
generally included the repeal of the whole act. I shall ask for
the yeas and nays on this amendment, if it is proposed only to
repeal sections 1 and 3.
Mr. PENROSE. It may not be necessary to call for the yeas
and nays.
Mr. SMOOT. Very well.
The PRESIDENT pro tempore. The question is on con
curring in the amendment.
Mr. STONE. I desire simply to say that I am personally
opposed to the repeal of any part of the reciprocity act.
The PRESIDENT pro tempore. The question is on concur
ring in the amendment made as in Committee of the Whole.
[Putting the question.] By the sound the noes appear to have
i t ; the noes have it, and the amendment is not concurred in.
Mr. SIMMONS. Do I understand the Chair to declare that
the amendment was not concurred in?
The PRESIDENT pro tempore. That was the decision of the
Chair.
Mr. SIMMONS. I do not think the Senate understood the
question.
The PRESIDENT pro tempore. The Chair will again put the
question.
Mr. BORAH. Mr. President, I understand the Senator from
Utah asked for the yeas and nays.
Mr. SMOOT. I said that I should call for the yeas and nays,
but withdrew the request until on a viva voce vote the result
was declared by the Chair. Then, if the result had not been
as stated by the Chair, I intended to ask for the yeas and nays.
The PRESIDENT pro tempore. The Chair will again put
the question. [Putting the question.] By the sound the noes
appear to have it.
Mr. SIMMONS. I demand the yeas and nays.
The yeas and nays were ordered.
Mr. McCUMBER. I think it would be well to have that
amendment read again, so that we may all understand its
purport.
The PRESIDENT pro tempore. The amendment made as in
Committee of the Whole will be again stated.
The S ecretary . A s in Committee o f the Whole an amend
ment was adopted at the end of the bill to add a new section,
as follows:
S ec . 4. That sections 1 and 3 of the act entitled “An act to pro
mote reciprocal trade relations with the Dominion of Canada, and for
other purposes,” approved July 26, 1911, he, and are hereby, repealed.
Mr. OLIVER. Mr. President, is it in order at this time to
move an amendment to the amendment?
The ^RESIDENT pro tempore. It is.
MurOLIVER. I move to strike out the words “ sections one
nn>r three of,” in line 1 , and to substitute the word “ is ” for
Ule word “ are,” before the word “ hereby,” in the last line.
' The PRESIDENT pro tempore. The amendment to thp
amendment will be stated.
_ The S ecretary . It is proposed to strike out the words “ Sec
tions one and three of ” ; also to strike out the word “ are ”
and to insert the word “ is ” in lieu thereof in the last line;
so as to read:
That the act entitled “ An act to promote reciprocal trade relations
witii the Dominion of Canada, and for other purposes,” approved July
26, 1911, he, and Is hereby, repealed.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment to the amendment. [Putting the question.]
By the sound the “ ayes ” appear to have it.
Mr. SIMMONS. I demand the yeas and nays.
The yeas and nays were ordered.
Mr. STONE. Mr. President, let me understand exactly what
the question is.
The PRESIDENT pro tempore. The question is on the
amendment o f the Senator from Pennsylvania [Mr. O liver ] to
the amendment adopted as in Committee o f the Whole.
The Secretary will again state the amendment to the amend
ment.
A ugust 14 *
The S ecretary'. In the amendment adopted, as in Committee
of the Whole, it is proposed to strike out the words “ sections
1 and 3 of,” in the first line, and in the fourth line, before the
word “ hereby,” to strike out “ are ” and insert “ is,” so that
if amended it will read:
Sec . 4. That the act entitled “An act to promote reciprocal trade
relations with the Dominion of Canada, and for other purposes,” an
proved July 26, 1911, be, and is hereby, repealed.
1
The PRESIDENT pro tempore. The question is on agreeing
to the amendment to the amendment. The Secretary will call
the roll.
The Secretary proceeded to call the roll.
Mr. GUGGENHEIM (when his name was called). I transfer
my general pair to the senior Senator from South Dakota
[Mr. G a m b l e ] and will vote. I vote “ yea.”
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr
P ercy ]. He being absent, I am compelled to withhold my vote!
.Mr. MASSEY (when his name was called). I have a pair
with the Senator from Virginia [Mr. S w a n s o n ]. If he were
present I should vote “ yea.”
Mr. REED (when his name was called). I transfer my pair
with the Senator from Michigan [Mr. S m i t h ] to the Senator
from Arkansas [Mr. C l a rk e ] and will vote. I vote “ nay.”
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the Senator from Delaware [Mr. R ic h a r d !
s o n ].
I transfer it to the Senator from Indiana [Mr. K ern ]
and will vote. I vote “ nay.”
Mr. STONE (when his name was called). I transfer the
pair I have with the Senator from Wyoming [Mr. C l a r k ] to
the Senator from New Jersey [Mr. M a r t in e ] and will vote. I
vote “ nay.”
Mr. SUTHERLAND (when his name was called). Again
announcing my pair with the Senator from Maryland [Mr.
R a y n e r ], I withhold my vote on account o f his absence.
Mr. WARREN (when his name was called). I again an
nounce my pair with the senior Senator from Louisiana [Mr.
F oster ].
The roll call was concluded.
Mr. BANKHEAD. I transfer my pair with the Senator from
Idaho [Mr. H e y b u r n ] to the senior Senator from Florida [Mr.
F letcher ], and will vote. I vote “ nay.”
The result was announced—yeas 29, nays 31, as follows:
Borah
Bourne
Bradley
Brandegee
Burnham
Burton
Catron
Crawford
Ashurst
Bacon
Bankhead
Bristow
Bryan
Chamberlain
Chilton
Clapp
Bailey
Briggs
•
Brown
Clark, W yo
jt
Clarke, A#k.Cram».&"~
Q «n s
>Dixon
Fletcher
Y E A S — 29.
Jones
Lodge
McLean
Nelson
Oliver
Page
Penrose
Perkins
N AYS— 31.
Culberson
O'Gorman
Hitchcock
Overman
Johnson, Me.
Poindexter
Johnston, Ala
Pomerene
Reed
Kenyon
Shively
Martin, Va.
Simmons
Myers
Smith, Ariz.
Newlands
NOT VOTING— 34.
Foster
Lippitt
McCumber
Gamble
Martine, N. J.
Massey
Owen
Gronna
Paynter
Heyburn
Kern
Percy
Rayner
Da Follette
Richardson
Lea
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Gallinger
Guggenheim
Root
Sanders
Smoot
Thornton
Townsend
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Tillman
W illiam s
Works
Smith, Mich.
Stephenson
Sutherland
Swanson
Warren
Watson
Wetmore
So Mr. O liver ' s amendment to the amendment was rejected.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment submitted by the Senator from Iowa [Mr.
K eny' o n ] fo r the Senator from North Dakota [Mr, G ronn a ],
upon which the yeas and nays have been ordered. The Secre
T
tary will call the roll.
The Secretary proceeded to call the roll. ._
Mr. GUGGENHEIM (when bis narnd Was called). I again an
nounce the transfer of my pair, and I will vote. I .vote- “'yea.”
Mr. McCUMBER 7 when-hi?* naim* was callccT') ■ I have a gen
eral pair with the senior Senator from Mississippi [Mr. P ercy ].
I am informed by his colleague that he would probably vote
“ nay ” upon this amendment, and I should vote “ yea.” He
being absent, I am compelled to withhold my vote.
Mr. MASSEY (when his name was called). I again announce
my pair with the Senator from Virginia [Mr. S w a n s o n ], If
he were present, I should vote “ yea.”
Mr. REED (when his name was called). I transfer my pair
with the Senator from Michigan [Mr. S m i t h ] to the Senator
from Arkansas [Mr. C l a rk e ] and will vote. I vote “ nay.”
CONGRESSIONAL RECORD— SENATE.
1912.
Mr. SMITH of South Carolina (when his name was called.)
U again announce my pair with the Senator from Delaware
, Mr. R ic h a r d so n ]. I transfer it to the Senator from Indiana
[Mr. K e r n ] and will vote. I vote “ nay.”
Mr. STONE (when his name was called). I transfer my pair
with the Senator from Wyoming [Mr. C l a r k ] to the Senator
from New Jersey [Mr. M a r t in ] and will vote. I vote “ nay.”
Mr. SUTHERLAND (when his name was called). On ac
count of the absence of the Senator from Maryland [Mr.
R a y n e r ], with whom I have a pair, I withhold my vote.
Mr. WARREN (when his name was called). I again an
nounce my pair as heretofore mentioned.
The roll call was concluded.
Mr. SHIVELY. My colleague [Mr. K ern ] is unavoidably ab
sent from the city. He is paired with the Senator from Dela
ware [Mr. R ich a r d so n ]. I will let this announcement stand for
the day.
Mr. LODGE. I desire to announce the pair of my colleague
[Mr. C r a n e ], who is absent from the city, with the Senator from
Arkansas [Mr. D a v is ]. I will let this announcement stand for
the day.
Mr. McCUMBER. I think my colleague [Mr. G r o n n a ], if
present, would vote “ yea ” on this proposition, and I therefore
transfer my pair with the senior Senator from Mississippi [Mr.
P e r c y ] to the junior Senator from North Dakota [Mr. G r o n n a ] ;
that is, just upon this one proposition.
Mr. LA FOLLETTE rose.
Mr. McCUMBER. Unless the Senator from Wisconsin has
information to the contrary.
Mr. LA FOLLETTE. I will say to the senior Senator from
North Dakota that the junior Senator from North Dakota would
vote for this amendment. Indeed, the junior Senator from
Iowa [Mr. K e n y o n ] in offering it, did so on behalf o f the junior
Senator from North Dakota.
Jdr. McCUMBER. Assuming that he would do so, -I will make
. > fn e /fra n s fe r and vote. I v ote “ yea .”
/
>Mr. BANKHEAD. I transfer my pair with the Senator from
Idaho [Mr. II e y b u r n ] to the senior Senator from Florida [Mr.
F l e tc h e r ] and will vote. I vote “ yea .”
The result was announced—yeas 51, nays 9, as followfc:
/
Asliurst
bacon
Bankhead
Borah
Bourne
Bradley
Brandegee
Bristow
Burnham
Burton
Catron
Chamberlain
Clapp
Bryan
Chilton
Culberson
Bailey
Briggs
Brown
Clark, W yo.
Clarke, Ark.
Crane
Davis
Dixon
Y E A S — 51.
Kenyon
Crawford
Cullom
Lodge
Cummins
McCumber
Curtis
Martin, Va.
Dillingham
Myers
du Pont
Nelson
Fall
Newlands
Gallinger
O’Gorman
Guggenheim
Oliver
Hitchcock
Page
Penrose
Johnson, Me.
Perkins
Johnston, Ala.
Poindexter
Jones
N A Y S— 9.
Smith, S. C.
Overman
Stone
Reed
NOT VOTING— 34.
Lippitt
Foster
McLean
Gamble
Martine, N. J.
Gardner
Massey
Gore
Owen
Gronna
Paynter
IIeyburn
Ivern
Percy
La Follette
Rayner
Lea
Richardson
Pomerenp
Root
i
Sanders j
Shively \
Simmons#
Smith, Atiz.
Smith, G i.
Smith, Ml.
Smoot
Thornton ».
Townsend '%
W orks
*
Tillman
W illiam s
Mr. STONE (when his name was called). I again announce
my pair with the Senator from Wyoming [Mr. C l a r k ]. I trans
fer it to the Senator from New Jersey [Mr. M a r t in e ] and will
vote. I vote “ yea.”
Mr. SUTHERLAND (when his name was called). I again
announce my pair with the Senator from Maryland [Mr. R a y
n e r ], and withhold my vote on account of his absence.
Mr. WARREN (when his name was called). On this question
I have a pair with the Senator from Louisiana [Mr. F oster ],
The roll call was concluded.
Mr. BANKHEAD. I announce my pair with the Senator
from Idaho [Mr. I I e y b u r n ], which I transfer to the senior Sena
tor from Florida [Mr. F le tc h e r ] and will vote. I vote “ yea.”
Mr. MARTIN of Virginia. The pair of my colleague [Mr.
S w a n s o n ] has been announced. I simply desire to say that if
he were present, he would vote “ yea.”
Mr. JOHNSON of Maine. I wish to announce the unavoidable
absence of my colleague [Mr. G ardner ], and the fact that he
is paired with the senior Senator from Rhode Island [Mr.
W etm ore ]. If my colleague were present, he would vote “ yea.”
Mr. TOWNSEND. I have heretofore announced the necessary
absence of my colleague [Mr. S m i t h ], and I wish to say that
if he were present, on this question he would vote “ nay.”
Mr. GUGGENHEIM. I transfer my pair as heretofore an
nounced and vote. I vote “ nay.”
Mr. LA FOLLETTE. I announce for the junior Senator from
North Dakota [Mr. G r o n n a ] that he is unavoidably absent. If
he were present, lie would vote .“ yeg..”
Mr. SMOOT, f desire to anriouncfU'the absence from the city
of . the junior Senator from Wisconsin [Mr. S ^ p iie n s o n ], He
lias a general pair with the Senator from Oklahoma [Mr. G ore ].
The result was announced—yeas 3G, nays 19, as follow s:
Ashurst
Bacon
Bankhead
Borah
Bristow
B rya n
Chamberlain
Chilton
Clapp
Bradley
Burnham
Burton
Cullom
Curtis
Bailey
Bourne
Brandegee
Briggs
Brown
Catron
Clark, Wyo.
Clarke, Ark.
Crane
Davis
Y E A S — 36.
Crawford
Myers
Culberson
Newlands
Cummins
O’Gorman
Hitchcock
Overman
Johnson, Me.
Poindexter
Johnston, Ala.
Pomerene
Kenyon
Reed
La Follette
Shively
Martin, Va.
Simmons
N A Y S — 19.
Dillingham
McLean
Gallinger
Oliver
Guggenheim
Page
Penrose
Jones
Lodge
Perkins
NOT VO T IN G — 39.
Dixon
Kern
du Pont
Lea
Lippitt
Fall
McCumber
Fletcher
Foster
Martine, N. J.
Gamble
Massey
Nelson
Gardner
Owen
Gore
Paynter
Gronna
Heyburn
Percy
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Thornton
Tillman
W illiam s
W orks
Root
Sanders
Smoot
Townsend
*
•
Rayner
Richardson
Smith, Mich.
Stephenson
Sutherland
Swanson
Warren
W atson
Wetmore
f
;
/
/
/
/
/
/
So the bill was passed.
Smith, M ich ..
Stephenson
Sutherland
Sw anson,
Warren
W atson
Wetmore
FUR-SEAL CONVENTION.
■
Mr. LODGE. I move that the Senate proceed to _iM consid
eration of the bill (H. R. 10571) to give effect to. the convention
between the Governments of the United States, Great Britain,
Japan, and Russia for the preservation and protection of the
fur seals and sea otter which frequent the waters of the North
Fletcher
Pacific Ocean, concluded at Washington July 7, 1911.
,So the amendment offered
yon on behalf of Mr.
The motion was agreed t o ; and the Senate, as in Committee
G r o n n a w a s agreed To.
the
the
The amendment was ordered to be engros sod and the bill of The Whole, proceeded to consider Withbill. permission of the
PRESIDENT pro tempore.
the
to be read a third time.
Senator from Massachusetts, the Chair will lay before the
The bill was read the third time.
Senate a message from the President of the United States.
The PRESIDENT pro tempore. The question is, Shall the
Mr. LODGE. Certainly.
bill pass?
The PRESIDENT pro tempore laid before the Senate the
Mr. SIMMONS. On that I ask for the yeas and nays.
tollowing message from the President o f the United States
The yeas and nays were ordered, and the Secretary proceeded (S. Doc. No. 921) which was read:
to call the roll.
Mr. McCUMBER (when his name was called). I again an T o t h e Senate and H o u s e o f Representatives:
Under the fur-seal convention entered into by the United
nounce my pair with the senior Senator from Mississippi [Mr.
States with Great Britain, Japan, and Russia on the 7th of
P er c y ]. He being absent, I withhold my vote.
Mr. MASSEY (when his name was called). I again announce July, 1911, which was approved by the Senate on July 24, 1911,
my pair with the Senator from Virginia [Mr. S w a n s o n ], and and ratified on December 12, 1911, this Government "agreed to
pay the sum of ,$
200,000 to Great Britain and the sum of
withhold my vote. If he were present. T should vote “ nay.”
Mr. REED (when his name was called). I again announce $200,000 to Japan when the convention went into effect; and
my pair with the Senator from Michigan [Mr. S m i t h ] and the in my message to Congress of December 7, 1911, the attention
transfer of the pair to the Senator from Arkansas [Mr. C l a r k e ]. o f Congress was especially called to the necessity for legislation
on the part of the United States for the purpose of fulfilling
I vote “ yea.”
Mr. SMITH of South Carolina (when his name was called). the obligations assumed under the convention. In view of the
I again announce my pair with the Senator from Delaware [Mr. omission of Congress up to the present time to adopt any legis
R ich a r d so n ] and transfer it to the Senator from Indiana [Mr. lation to carry out the obligations of this Government under
this convention, it becomes incumbent upon me again to call the
K e r n ] and will vote. I vote “ yea.”
10904
CONGRESSIONAL RECORD— SENATE.
subject to the attention of Congress and to urge the importance
of enacting at the earliest possible moment, and at this session
of Congress, the legislation .necessary to enable this Government
to make the payments to Great Britain and Japan as required
by this convention, and also to fulfill its other obligations
thereunder in so far as legislation is necessary for that purpose.
The international conference at which the convention under
consideration was agreed upon was held at the urgent invitation
of the United States, and the acceptance of that invitation by
the other parties was secured only after protracted negotiations
and at the repeated request of the United States, and, notwith
standing these circumstances, the United States is now the only
one of the four parties to the convention which has failed to
adopt any legislation for the purpose of giving effect to the
obligations imposed by the convention.
In this connection I desire also to call briefly to the attention
of Congress the question of the policy to be pursued by this
Government with reference to the regulation of the fur-seal
herds within the jurisdiction of the United States. The con
vention reserves to the United States the right at any time and
from time to time to suspend altogether the taking of sealskins
on the islands and shores within its jurisdiction, and to impose
such restrictions and regulations upon the total number of
skins to be taken in any season and the manner, times, and
places of taking them as may seem necessary to protect and pre
serve the seal herd or to increase its number. This, therefore, is
a subject which may properly be dealt with by Congress, and it
is essential in dealing with it not only to fulfill the obligations
imposed upon the United States by the letter and the spirit of
the convention, but also to consider the interests of the other
parties to the convention, for their cooperation is necessary to
make it an effective and permanent settlement of the fur-seal
controversy.
Ever since the question of land killing of seals was subjected
to scientific investigation, soon after the fur-seal controversy
arose nearly 25 years ago, this Government has invariably in
sisted throughout the protracted and almost continuous diplo
matic negotiations which have ensued for the settlement of
this controversy that the progressive diminution of the herd was
due to the killing of seals at sea, and that if pelagic sealing was
discontinued the polygamous habits of the seals would make it
possible to kill annually on land a large number of surplus
males without detriment to the reproductive capacity of the
herd and without interfering with the normal growth of the size
of the herd. The position thus taken by the United States has
always been put forward and relied on by the United States in
urging that an international agreement should be entered into
prohibiting pelagic sealing; and it is obvious that one of the
considerations which induced Great Britain and Japan to enter
into this convention prohibiting their subjects from pelagic
sealing was the expectation that the position thus taken by the
United States was well founded and that the skins falling to the
share of those Governments from the land killing of seals, as
provided for in this convention, would compensate them for
abandoning the taking of sealskins at sea.
With these considerations in mind, I feel called upon to
suggest the inadvisability of adopting legislation, the effect of
which is to require this Government to suspend altogether the
killing of seals on land before it has actually been proved by
the test of experience and scientific investigation that such sus
pension of killing “ is necessary to protect and preserve the seal
herd.” The other Governments might justly complain if this
Government should deprive them of their expected share of the
skins taken on land by prohibiting all land killing unless we
can show by satisfactory evidence that this source was adopted
as the result of changed conditions which justify a change in
our former attitude on the subject. In this connection it should
be noted that, since the fur-seal business has been taken over
by the Government and no private interests are now concerned
in making a profit out of it, there is no urgent necessity for im
posing by legislation stringent limitations upon land killing.
Legislation on this subject, therefore, may well be postponed
until after the enactment of legislation necessary to give effect
to our obligations under this convention.
It must also be remembered that this convention runs for a
fixed period of only 15 years and can be terminated at the end
of that period by any of the parties, so that it is of the utmost
importance that this Government should deal with this subject
not only in a way wdiich will satisfy the other parties interested
that they are receiving their fair share of the increase of the
herd resulting from the cessation of pelagic sealing, but also in
such a way as to enable this Government to demonstrate that
the killing of the surplus male seals on land is not detrimental
to the welfare of the herd. It is evident, however, that this
question can not fairly be tested if land killing and pelagic
A ugust 14
sealing are both prohibited at the same time, and it would bo
most unfortunate if we should lose the opportunity, which iR
now presented for the first time by virtue of this convention of
demonstrating by the test of actual experience the soundness
of the position maintained by us throughout the controversy
and upon the soundness of which depends the permanent solu’
tion of this question in the manner provided for in this covention.
W m . II. T aft .
T h e W h it e H ouse , August IS/, 1912.
The PRESIDENT pro tempore. The message from the
President of the United States will be printed and lie on the
table.
Mr. LODGE. I yield to the Senator from North Dakota
[Mr. M cC u m ber ] for a conference report upon an appropria_
tion bill. I ask that the unfinished business be temporarily
laid aside for that purpose.
*
PENSION APPROPRIATION BILL.
The PRESIDENT pro tempore. The Chair lays before the
Senate the action of the House of Representatives on House
bill 1S9S5, the pension appropriation bill, which will be stated.
The Secretary read as follows:
I n t h e H ou se op R e p r e s e n t a t iv e s ,
August 8, ioi2 .
Resolved. That the House adheres to its amendments to the amend
ments of the Senate Nos. 2, 3, and 4, and that the House adheres to
its disagreement to the amendpients of the Senate Nos. 5, 9, 10, and l i
to the hill (H. It. 18985) making appropriations for the payment of
invalid and other pensions of llie United States for the fiscal year
ending June 30, 1913, and for other purposes.
Mr. McCUMBER. Mr. President, that the Senate may be
apprised of the parliamentary status of this bill, I think it
necessary for me to make a brief explanation of its condition.
The bill was passed by the House, reported by the Senate
committee, and amended by that committee, which amendments
were agreed to by the Senate. The bill then went to the House
and the House refusing to concur in the Senate amendments
asked for a conference and appointed their conferees. Upon
the message coming to the Senate the Senate insisted upon its
amendments, agreed to the conference asked by the House, and
appointed conferees for that purpose.
The matter was under discussion for about two months by
the committee of conference of the two Houses, and we were
unable to come to an agreement upon the one proposition, that
of the abolition of the pension agencies and other amendments
which related directly thereto. Finally, the conferees of the
two Houses agreed to report as far as they had proceeded in
respect to their agreement and to report the particular portions
on which they were unable to agree. Each body then again
took the matter under consideration. The Senate voted, on the
motion of the chairman of the conferees on the part of the
Senate, to insist upon its amendments and ask for a further
conference. This was carried and the Senate again appointed
conferees.
When this message reached the House no action was taken on
it for some time, but finally the House took action in the shape
of the report which has just been read to the Senate. In other
words, they do not reappoint their conferees, and by their action
the rights of the conferees of the House are abolished, as I
understand the status there, and the House acted directly upon
the subject matter. In their action they adhere to their atti
tude in the first instance, but agree upon certain amendments.
The effect of those amendments is to continue the life of the
agencies until December 31, 1912. Having no conferees to dis
cuss the matter with, it was necessary for the conferees on the
part of the Seuate, or at least one of them, to see what terms
could possibly be made with the House in the matter of an
agreement. I think the House will be willing at this time to
make an amendment which will conform to this proposition,
that the agencies shall be continued until the 31st day of
January, 1913; that all the agencies, instead of the 17, shall
then be abolished, and that the work shall thereafter be per
formed wholly within the Pension Bureau. This would require,
o f course, the necessity of a disbursing clerk to be appointed
by the Secretary of the Interior, who would hold the same posi
tion as other important clerks, except that his duties would be
practically the same as those of the pension agent in the city
of Washington.
There are two reasons why, if we are going to abolish the
agencies, all should be abolished and a disbursing clerk be
appointed within the bureau. One reason is that upon the
death of the agent there would be no other appointment made
without the confirmation of the Senate, and this might be de
layed a time. Another reason is that the clerks in the pension
agencies are distinct from those in the Pension Office. The ap-
1912
CONGRESSIONAL RECORD— SENATE
10989
the herd will restore itself by those provisions of nature which
alone can bring about a restoration.
I think the Senator from Indiana [Mr. S h i v e l y ] has very
thoroughly covered the issue as to whether or not we are en
titled under this treaty to put a stop to the killing of seals
upon those islands. The very purpose of the treaty was to
permit the herd not only to be preserved but to be increased;
and it was specifically stated in article 10 that the United
States should have the right to put a stop to all killing, not for
the purpose o f protecting the herd, but for the purpose of in
creasing it. We are under no obligations to any of these
countries, either Japan or Russia or England, to demonstrate
to them that there is any necessity for doing this. It is a
matter for us to .iudge, and we can Judge by the testimony we
Unless the killing of seals in such year or years shall have been have. That testimony is that at the present time the herd is
absolutely prohibited by the United States for all purposes except to so depleted that in order to get 12,000 in 1910 it was necessary
supply food, clothing, and boat skins for the natives on the islands, in to kill nearly 8,000 yearlings—the best possible testimony that
which case the United States agrees to pay to Great Britain and to
Japan each the sum of $10,000 annually in lieu of any share of skins the herd is in a depleted condition.
It may not be exactly proper or the necessary thing to do to
during the years when no killing is allowed.
Taking the place of the 15 per cent. In other words, they refer to it, but I think it is a deplorable fact that our State
agree upon the identical measure of damages. The argument of Department neglected as long as it did to bring about the nego
the Senator from New York was that the nations would be tiation of a treaty between these countries to put a stop to
damaged by not allowing any killing at all. They contemplated pelagic sealing. I believe if Secretary Hay had lived such a
that and provided that in that event, they would take $10,000 treaty would have been negotiated.
I have here before me extracts from the Toronto Globe, pub
a year apiece in lieu of the 15 per cent.
Mr. DILLINGHAM. I think the Senator is right in his con lished in February, 1908, which set forth a speech delivered by
struction of the treaty, but my thought has been that if we have the Hon. Mr. Scott, then secretary of state in Canada. Now,
a longer closed season their profit would be so much larger at mark you, this was in 190S, several years before this present
treaty was carried out, and Mr. Scott is quoted as follow s:
the end of the season that it would pay them to wait.
Hon. Mr. Scott said that Canada was ready to take the matter up
But if they are restive under this proposition, I would exercise
whenever there was a proposition from
United States. There
the greatest" courtesy toward them, particularly as the United been no such proposal up to the present. the is remarks were inspiredhad
H
hy
States is acting as trustee for others; and with that thought the existing conditions of the sealeries, which did not reflect favorably
in view my purpose is when the proper time comes to offer an on the intelligence of the nations interested: Unless nations like
United States, and Canada could agree
amendment reducing the length of the closed season recom Russia, ofJapan, the there would be no seals within 10 years. upon a
policy
protection
Canada
mended by the committee from 10 to 5 years, in the hope that was quite willing to do her share and be a party to any arrangement
that will protect seal life and preserve all the seals but males.
that may be a ground upon which those holding different views,
who are all equally anxious to do what is right toward all the
Mr. President, I do not care to go into the matter further.
parties, may agree.
In fact, there is no time. But I believe it is a fact that our
Mr. HITCHCOCK. Mr. President— State Department was negligent in not earlier bringing the
The PRESIDENT pro tempore. Does the Senator from Ver matter to the attention of and making a definite proposal to
mont yield to the Senator from Nebraska?
the British Government. I believe that failure was due to the
Mr. DILLINGHAM. I yield the floor.
premature death of Secretary Hay, and I believe if the State
Mr. HITCHCOCK. Mr. President, I notice the intimation on Department had carried out the plans which he had, we would
the part of the Senator from Vermont [Mr. D i l l i n g h a m ] that have had this treaty in force a number of years ago.
he proposes to offer an amendment reducing the closed season
That representations of an unofficial character have been
from 10 to 5 years, and I want to suggest to him that if he sin made at Washington from Japan and Russia or from Great
cerely desires, as I have no doubt he does, to secure a 5-year Britain that the closed season of 10 years would not be favor
period, in view of the condition of the bill as it came from the ably regarded, is a matter o f which the Senate of the United
House, it would certainly be wiser to adopt the amendment States certainly can not take cognizance. No official representa
reported favorably by the Senate committee, so as to leave an tions have been made, and, as far as I am concerned, I do not
opportunity for the conferees to get together on some such know unofficial representations could have been made. If we
period as five or six years.
adopt this amendment, recommended by the committee for a
Mr. President, inasmuch as the Senator from Michigan [Mr. period of 10 years, there will still be time for those nations
T o w n s e n d ] has read a few lines from the monograph of Mr. interested, after a period of one or two or three or four or five
Elliott, published some 40 years ago, and conveyed the idea by years, if they desire to do so, to make not unofficial representa
that that fighting between the male seals occurs after the fe tions to certain Members of the Senate or others, but there
males have arrived, I desire to read something from that same will be time for them to make official representations to the
monograph which shows that he has not in his brief extract United States, and then it will be time enough for the Congress
conveyed the correct impression of what Elliott set forth. I of the United States to modify the law. But until they do so
will not take up the time remaining here to read all of the para I think we can assume, as has been said upon the floor of the
graph, which is very interesting, but he says:
Senate this afternoon, that Japan and Great Britain and Russia
Many of those bulls exhibit wonderful strength and desperate cour have the same interest that the United States has in the de
age. I marked one veteran at Gorbatch, who was the first to take up
his position early in May, and that position, as usual, directly at the velopment and increase of this valuable industry.
water line. This male seal had fought at least 40 or 50 desperate bat
Mr. -President, I am advised that the Senator from Massa
tles and fought off his assailants every time— perhaps nearly as many chusetts [Mr. L o d g e ] desires some time.
The hour for a vote
different seals which coveted his position— and when the fighting season
was over— after the cows are mostly all hauled up— I saw him still is about at hand, and I will therefore conclude.
there, covered with scars and frightfully gashed; raw, festering, and
Mr. LODGE. Mr. President, the Senator from Nebraska [Mr.
bloody, odo eye gouged out, but lording it bravely over his harem of H i t c h c o c k ] is very kind.
15 or 20 females, who were all huddled together on the same spot of
I yesterday made certain statements in regard to when the
his first location and around him.
I say without any fear of contradiction that no man who seal fisheries came under the Fish Commissioner, and those
has been upon the islands from the time the seals arrived till statements were questioned. The Fish Commissioner, Mr.
the close has stated or will state that the fighting between the Bowers, was also very severely reflected upon. He has ad
bulls continues after the females arrive and give birth to their dressed to me a letter, which I think in justice to him should
young. The fighting is all over then. The fighting is for pos be read so that his side may appear in the R ecord .
The PRESIDENT pro tempore. Without objection, the letter
session of a spot upon the breeding grounds, and after that is
secured and the females arrive—several weeks after the bulls— will be read.
The Secretary read as follow s:
peace prevails absolutely; and it is the same as in a well-regu
D e p a r t m e n t o f C o m m e r c e a n d L abor
lated city—each man is master of his own house.
B u reau o f F i s h e r i e s ,
This much for the statement that it is desired to prevent the TT
T
T
_
T
U ashington, August 15, 1 9 1 2 .
destruction of the seal herd by cutting off the lives of these H on. H e n r y C abot L odge ,
United States Senate.
bulls. There is nothing in it. Left to itself the herd will in
S ir : In the discussion in the Senate yesterday of the bill giving
crease, and it always has increased. The Russian experience
the
the United States
from 1S34 to 1S44 demonstrated it. If we can have a closed effect toJapan, fur-seal conventioni tbetween , of Nebraska, makes’ a Great
Britain,
and Russia, Mr. H c h c o c k
num
season of 10 years, or even 8 years, or possibly even 6 years, ber of wholly erroneous statements, having for their purpose an attlie situation whicli we think we have here to-day, think it
would not be right for us to maintain a longer closed season,
I should be willing to accept a shorter period.
Mr. WILLIAMS. If we exercise the right to have a closed
season, the measure of damages is fixed at $10,000 a year.
Mr. DILLINGHAM. I think if the necessity appears to us
to do this, we have the authority.
Mr. WILLIAMS. In the first clause which has been read
there occurs the phrase “ if necessary.” In the second clause
it does not. It not only expressly contemplates a closed season,
but it fixes the measure of damages to Japan and Great Britain
in the event we do have a closed season. This is the clause to
which I refer. It goes on to talk about 15 per cent of the
killing, and then says:
10990
OONOSESSIONAL EECOED— SENATE.
A u g u s t 15
tempt to connect me with the affairs of the North American Commercial
tion of the world’s pea ox. is a strict observance of the obliga
Co. and to show that I have not been in favor of the preservation of
the seal herd. He has depended for his information not on the easily tions of treaties that cxist^ It seems to me that what we cim
obtained official records but on spurious data presumably furnished b,
on of these seals is to see to it that
a notorious falsifier of records. The charge that since 1903 I have bj
hot lost. We are already in default on the
lobbying against the protection of the seal herd is absolutely false,
the money. Let us maintain those treaties both ip
relations with the fur-seal service date frowrtWlmiary 2, 1»)09, whei^the,
Bureau of Fisheries Jtflsmned control oi^ the seal islands. The
er and in spirit, and then we shall be able to make them
lobbying I have dywe has been during th\J>resent v e a rX n th e interests permanent and preserve for all time, I hope, the seal herd.
of the bill givinjfeffoc* to t l^e fur-seal t r/sft y
elTi t s existence
The PRESIDENT pro tempore (at 4 o’clock p. m.). The
largely to the initiatpjfcof the Secretary of toefarerce and Labor.
If is a matter of^ofaJial rocorcUthat ^ky^rtumsfer of the fur-seal serv question is on the amendment of the committee.
ice to the liepa^ineryi/oFT'^imridfce ana Labor and to HienBureau of
Mr. .LODGE. Is it not on the amendment offered by the
Fisheries was fftronaly
d by the No r th, AmerLxrn yommercial
S€fTator»-om Vermont [Mr. D il l in g h a m ] to the amendment o f
Co., but was insr*tsjfl on by President 11ajlse^ t^ r X ir im jr the
season when I bad any relations with ti*671a&eeCs on
seal i^lapfils, y&te comffnittee?
there was a small and restricted take T5TMalskins yS fatrict comor/^jtyiVj_/ The/ITIESIDENT pro tempore. The Senator from Vermont
with the law and regulations. Any stMefhbjjfr to /th e contrary,
did not offer an amendment to the amendment.
whatever source, is false.
/
\f
f
\ y
^
The charge that the protection and /reservation of the fur-seal herd
Mr. LODGE. I understood that he had offered it.
have not been and are not sought by the Department of Commerce and
Mr. NELSON, I suggest that the amendment for the longest
Labor, the Bureau of Fisheries, or the Commissioner of Fisheries can
not be based on any reliable evidence. The one object that has been time be put first.
continually in view has been the restoration and increase of the seal
Mr. LODGE. The amendment is in order to strike out “ ten ”
herd, and to this end the department has had the counsel of every and insert “ five.”
fur-seal authority and expert in the United States, with one doubtful
Mr. ASHURST. Mr. President, I suggest the absence of a
exception. Language can hardly be more direct or emphatic than the
following extract from my report to the Secretary of Commerce and quorum.
• Labor for the fiscal year 1909 :
The PRESIDENT pro tempore. The Senator from Arizona
“ The fur-seal service lias come under the jurisdiction of the bureau
at a time when the condition of the seal herd is worse than ever be suggests the absence of a quorum. The roil will be called.
fore. when the outlook is most discouraging, and when the contract
The Secretary called the roll, and the following Senators
for the lease of the islands for a period of 20 years must, under the law,
he renewed. Under the existing circumstances the value of the fran answered to their names:
chise is greatly diminished, large financial losses mav lie sustained by Ashurst
Shively
Crawford
, McCumber
the (Government, and the perpetuity of the herd is seriously menaced. Bacon
Simmons
McLean
Culberson
For many years the precarious condition of the fur-seal herd has been Bailey
Smith, Ariz.
Cullom
Martin, Va.
constantly Drought to the attention of the Government by various per Bankhead
Smith, Ga.
Cummins
Martino, N. J.
sons well qualified to present (he matter, and every authority has force Borah
Smith, Md.
Massey
Curtis
fully pointed out the immediate necessity of the Government s conclud Bourne
Dillingham
Smith, Mich.
Myers
ing some arrangement by which the slaughter of seals when away from Bradley
Fall
Smith, S. C.
Nelson
the islands in search of food should be prevented. The net outcome of Brandegee
Fletcher
Oliver
Smoot
the work, arguments, recommendations, and pleas of a long procession Bristow
Gallinger
Stone
Overman
of special commissioners, experts, and agents has been (1) the passage Bryan
Hitchcock
Page
Sutherland
of a law by which American fishermen are prohibited from engaging in Burnham
Johnson, Me.
Thornton
Penrose
pelagic sealing while fishermen of all other nationalities are permitted Burton
Johnston, Ala.
Perkins
Townsend
to do so, and (2) the steady and rapid decimation of the herd, which Chilton
Kenyon
Pomcrene
Warren
has occurred entirely independently of the legitimate operations on the Clapp
Lippitt
Williams
Root
islands.
Crane
Lodge
Sanders
Works
“ If pelagic sealing could have been stopped in 1897, the seal herd
to-day would contain 300,000 breeding cows (as against 50,000, the
The PRESIDENT pro tempore. Sixty Senators have
number for the season of 1 9 09), and the product of the hauling grounds
would have risen to 50,000 skins, yielding a Government revenue of swered to their names. A quorum of the Senate is present.
Mr. DILLINGHAM. I move, on Tiffgtr W -4*^. te), in the
;>
$500,000, as against less than 15,000 skins and a Government revenue
of $143,000 for the present year. Without the drain of pelagic seal amendment of the committee, before the word “ years/UTrat the
ing the herd would continue to increase almost indefinitely.
“ The Alaskan fur seals constitute the most valuable fishery resource word “ ten ” be stricken out and “ five” inserted. I will make
that any Government in the world ever possessed. It is little Less the same motion to amend as to tlie word “ ten ” before “ years,”
than a national disgrace that the herd of four to six million seals in line 22, if this is adopted.
which came into our possession when Alaska was acquired from Russia
The PRESIDENT pro tempore. The amendment to the
and has been under our charge ever since should have been allowed to
dwindle until to-day it numbers less than 150.000 of all ages. The amendment will be stated.
mildest way in which to characterize ihe dissipation of this great source
The Secretary . On page 10, line 10, before ihe word “ years,”
of wealth to our people and of revenue to our Government is that it
is a serious indictment of our business capacity. The extent of our strike out the word “ te n ” and insert in lieu the word “ five,”
so that if amended it will read:
loss may be partially sr-en when it is stated that the failure to maintain
the seal herd has during the last 13 years resulted in a net loss of
Shall be suspended for a period of five years.
revenue of not less than $1,600,000, has permitted nearly 300.000 fur
seals, having a market value of over $5,700,000, to be appropriated by
The PRESIDENT pro tempore. The question is on the
aliens, and has encouraged those nefarious pelagic operations by which
additional fur seals having a value of at least $5,000,000 have been amendment submitted by the Senator from Vermont [Mr. D il
killed at sea but not recovered: while through the slaughter of breeding l in g h a m ] to the amendment of the committee.
[Putting the
females their pups— on the islands, unborn, and prospective— with a
question.] The “ noes ” appear to have it.
potential value of fully $20,000,000. have been sacrificed and wasted.
Mr. LODGE. I ask for the yeas and nays.
“ It is most essential to the interests of this Government and the
welfare of the fur-seal herd that appropriate action he taken at once
The yeas and nays were ordered, and the Secretary proceeded
looking to the prohibition of pelagic sealing by subjects of the coun
tries most concerned; and recommendations to this end already sub to call the roll.
Mr. BANKHEAD (when his name was called). I am paired
mitted to the department are now renewed and strongly urged.”
I inclose a memorandum giving an outline of our relations with with the Senator from Idaho [Mr. H ey bu rn ], and withhold my
the fur-seal service and the North American Commercial Co.
vote.
Respectfully, yours,
Mr. TOWNSEND (when Mr. J o n e s ’ s name w a s called). The
G e o . M . B o w e r s , Commissioner.
r
■
'i
Memorandum showing the relations of the Department of Commerce
and Labor, the Bureau of Fisheries, and the present Commissioner
of Fisheries with the North American Commercial Co., lessees of the
seal islands.
Lease of the North American Commercial Co. began May 1, 1890,
and expired April 80, 3 910.
Fur-seal service transferred to the Department of Commerce and
Labor. July 1, 1903.
Fur-seal service placed under custody of Bureau of Fisheries, De
partment of Commerce and Labor, December 28, 1908.
Present Commissioner of Fisheries appointed, February 16, 1898.
Period of time the operations of the North American Commercial Co.
were concurrent with the custody of the Bureau of Fisheries and the
term of the present Commissioner of Fisheries, one and one-third years.
Number of sealing seasons covered by this period, one.
Number of surplus male seals killed by the lessees during that
season, 14,336.
Mr. LODGE. Mr. President, but a moment remains. I only
desire to say that my one wisli—and I believe that of every
other Senator—is to do what is best for the preservation of
the seal herd. Whether the closed season is placed at 1, 3, 5,
8, or 10 years, if it is not found that the herd is increasing it
can easily be extended by law. But we can not overlook the
fact that to do so without trial is regarded by other nations
as a virtual infringement of the spirit of the treaty, and I be
lieve that better than all arbitration treaties for the preserva-
jm
senior Senator from Washington [Mr. J o n e s ] is detained from
the Senate on official business.
Mr. LIPPITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ], which
I transfer to the senior Senator from South Dakota [Mr. Gam
ble ].
I vote “ yea.”
Mr. McCUMBER (when his name was called). I have a gen
eral pair with the senior Senator from Mississippi [Mr. P ercy ].
Not knowing how he would vote, I withhold my vote.
Mr. MASSEY (when his name was called). I have a pair
with the Senator from Virginia [Mr. S w a n s o n ], and therefore
withhold my vote.
Mr. SMITH of Michigan (when his name was called). I am
paired with the ju n ior Senator from Missouri [Mr. R eed]. I
understand if he were present, he would imte “ nay.” I there
fore feel at liberty to vote. I vote “ nay.”
Mr. SMITH of South Carolina (when his name was called).
I have a general pair with the Senator from Delaware [Mr.
R ich ardson ]. I transfer that pair to the Senator from Indiana
[Mr. K ern ] and vote “ nay.”
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. Clark]. I do not
, know how he would vote, but I think I can safely transfer my.
T
/
\
! i
CONGRESSIONAL RECORD— SENATE.
1912.
pair, which I do, to the junior Senator from Arkansas [Mr.
D a v is ] and vote. I vote “ nay.”
Mr. SUTHERLAND (when his name was called). I am
paired with the Senator from Maryland [Mr. R a y n e r ]. In h is
absence, I withhold my vote.
The roll call was concluded.
Mr. BRIGGS. I have a general pair with the senior Senator
from West Virginia [Mr. W a t s o n ]. I transfer that pair to the
senior Senator from Washington [Mr. J o n e s ] and vote “ yea.”
Mr. BRANDEGEE (after having voted in the affirmative).
I voted, but I notice that the junior Senator from New York
[Mr. O 'G o r m a n ] did not vote. So I withdraw my vote. I have
a pair with that Senator.
$
Mr. SHIVELY. My colleague [Mr. K e r n ] is unavoidably
absent from the. city. He is paired with the senior Senator
from Delaware [Mr. Rt<TFiA$y,soN].
Mr. THORNTON. I wish to announce the necessary absence
of my colleague [Mr. F oster ].
-.v
Mr. LIPPITT. I announce that my .colleague [Mr. W etm ore ] is paired with the Senator from Maine [Mr. G ardner ].
Mr. DU PONT. I announce that my colleague [Mr. R ic h
ard so n ] is absent and is paired with the junior Senator fijoin
South Carolina [Mr. S m i t h ]. I will let this announcement
stand for the day.
The result was announced—yeas 27, nays 32, as follows:
Ashurst
Bacon
Borah
Bristow
Bryan
Burnham
Catron
Chamberlain
Y E A S— 27.
Dillingham
Lodge
du Doiit
McLean
Fall
Oliver
Page
Fletcher
Perkins
Gallinger
Pomerene
Johnson,- Me.
Boot
Lippi tt
N AY S— 32.
Clapp
Martine, N. J.
Myers
Culberson
Nelson
Cummins
Overman
Hitchcock
Penrose
Johnston, Ala.
Poindexter
Kenyon
Shively
La Follette
Simmons
Martin, Va.
Bailey
Bankhead
Bradley
Brandegee
Brown
Burton
Clark, W yo.
Clarke, Ark.
D&yis
Dixon
Foster
Gamble
Gardner
Gore
Gronna
Guggenheim
Heyburn
Jones
Bourne
Briggs
Chilton
Crane
Crawford
Cullom
Curtis
\
Sanders
Smith, Ga.
Smoot
Townsend
Warren
Works
Smith, Ariz.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stone
Thornton
Tillman
W illiam s
NOT VOTING— 35.
Kern
Lea
McCumber
Massey
Newlands
O'Gorman
■ ~ "C W e n
Paynter
Percy
Sd’ M r. D il l i n g h a m ’ s am endm ent to the am endm ent o f
com m i free w a s rejected.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment of the committee.
Mr. LODGE. On that question I ask for the yeas and nays.
The yea's and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. TOWNSEND (when Mr. J ones ’ s name was called). I
again announce the necessary absence of the senior Senator
from Washington [Mr. J o n es ]. I will state that if he were
present he would vote “ nay ” on this proposition.
Mr. LIPPITT (when his name was called). I again announce
the transfer of my pair with the Senator from Tennessee [Mr.
L e a ] to the Senator from South Dakota [Mr. G a m b l e ]. I vote
“ nay.”
Mr. McCUMBER (when his name was called). I again an
nounce m y pair with the senior Senator from Mississippi [Mr.
P ercy'] , and withhold m y vote.
Mr. MASSEY (when his name was called). I again announce
m y pair with the Senator from Virginia [Mr. S w a n s o n ], and
withhold m y vote. If he were present I should vote “ yea.”
Mr. SMITH of South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware [Mr.
R ich a r d so n ] and its transfer to the Senator from Indiana [Mr.
K e r n ]. I vote “ yea.”
Mr. STONE (when his name was called). I again transfer
my pair with the Senator from Wyoming [Mr. C l a r k ] to the
Senator from Arkansas [Mr. D a v is ] and vote. I vote “ j'ea.”
Mr. SUTHERLAND (when his name was called). I again
announce my pair with the Senator from Maryland [Mr. I I a y 'n e r ] , and on account of his absence withhold my vote.
The roll call was concluded.
Mr. CURTIS. The Senator from Nebraska [Mr. B r o w n ] is
paired with the Senator from Oklahoma [Mr. O w e n ].
The Senator from Montana [Mr. D ix o n ] is paired with the
Senator from Texas [Mr. B a il e y ].
The Senator from Wisconsin [Mr. S t e p h e n so n ] is paired
with tlie Senator from Oklahoma [Mr. G ore ].
I announce these pairs for all votes to-day.
Mr. BRIGGS. I again announce my pair with the senior
Senator from West Virginia {Mr, W a t s o n ], which I transfer
to the senior Senator from Washington [Mr. J o n e s ], and vote.
I make this announcement for the day. . I vote “ nay.”
Mr. BRANDEGEE (after having voted Tfufhe negative). I
must withdraw my vote. I notice that the Senator from New
York [Mr. O ’ G o r m a n ], with whom I am paired, (IM not vote.
The result was announced—yeas 42, nays 18, as nHJows:
Ashurst
Bacon
Borah
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Culberson
Bourne
Briggs
Chilton
Crane
Crawford
Bailey
Bankhead
Y E A S — 42.
Cummins
Martine, N. J.
Curtis
Myers
Dillingham
Nelson
Fall
Overman
Hitchcock
Page
Johnson, Me.
Penrose
Johnston, Ala.
Perkins
. Kenyon
Poindexter
La Follette
Sanders
McLean
Shively
Martin, Va.
Simmons
N A Y S — IS.
Lodge
Cullom
Oliver
du Pont
Fletcher
Pomerene
Root
Gallinger
Lippitt
Smoot
NOT VO TIN G — 34.
Lea
Foster
McCumber
Gamble
Gardner
Massey
Gore
Newlands
Gronna
O’Gorman
Guggenheim
Owen
Heyburn
Paynter
.Tones
Percy
Kern
Rayner *
Smith, Arffc.
Smith, Ga. \
Smith, Md. \
Smith, Mich.
Smith, S. C.
Stone
Thornton
W illiam s
*
Works
Tillman
Townsend
Warren
Reed
Richardson
Stephenson
Sutherland
Swanson
W atson
Wetmore
■'
J?
So fhe amendment of the committee was agreed to#
The biH. was reported to the Senate as amended, and the
amendment was concurred in.
The amendment was ordered to be engrossed and the bill to be
read a third time.
The bill was read the third time and passed.
The preamble was agreed to.
TH E
Rayner
Reed
Richardson
Stephenson
Sutherland
. v Swanson
"W a ts o n
Wetmore-
10991
PR E SID E N TIA L
TE RM .
Mr. CUMMINS. In accordance with a notice given some
days ago, I move that the Senate now proceed to the consid
eration of Senate joint resolution 78, being the joint resolution
respecting an amendment to the Constitution as to the election
of President.
Mr. WARREN. Mr. President, I should like to know
whether the joint resolution has been called up. I want to
ask the Senator from Iowa to yield to me for the considera
tion of a joint resolution which will take but a moment.
Mr. CUMMINS. I have just moved to take up the joint
resolution to which I have referred.
The PRESIDENT pro tempore. The question is on the mo
tion of the Senator from Iowa.
Mr. McCUMBER. I want to be heard on that motion before it is decided.
The? PRESIDENT pro tempore. The motion is not de
batable.
Mr. McCUMBER. I want to know what the motion is—
whether it is to take up the joint resolution and to dispose
of it.
Mr. CUMMINS. The motion is thaP the Senate proceed to
the consideration of the joint *rt?Sfflmionr
The PRESIDENT pro" tempore. Which is not a debatable
motion.
Mr. CUMMINS. What the Senate will do thereafter de
pends upon its own will.
The PRESIDENT pro tempore. The question is on the
motion of the Senator from Iowa to take up the joint resolu
tion named by him. [Putting the question.] The ayes appear
to have it.
Mr. McCUMBER. I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. MARTINE of New Jersey. I desire to have the prop
osition stated. I did not hear it.
The PRESIDENT pro tempore. The title of the joint reso
lution which the Senator from Iowa [Mr. C u m m i n s ] moves
be now taken up will be stated.
The S ecretary'. A joint resolution (S. J. Res. 78) proposing
an amendment to the Constitution of the United States
°
The PRESIDENT pro tempore. The Secretary will call the
roll.
The Secretary proceeded to call the roll.
Mr. TOWNSEND (when the name of Mr. J ones was called).
I again desire to announce the necessary absence of the senior
Senator from Washington [Mr. J o n e s ] on official business. I
10992
• CONGRESSIONAL RECORD— SENATE.
A u g u s t 15,
desire tliat this announcement shall stand for the rest of the
Mr. BACON. Mr. President, I did not yield the floor-----The PRESIDENT pro tempore. The Senator has not yielded
day.
Mr. LIPPITT (when his name was called). I again an the floor.
nounce the transfer of my pair with the senior Senator from
Mr. BACON. Though I acquiesced, I simply wish to ask
Tennessee [Mr. L e a ] to the Senator from South Dakota [Mr. that the amendment which I offer-----G a m b l e ].
I will let the announcement stand for the day. I
Mr. CUMMINS. My request is before the Senate to be dealt
with as the Senator desires.
vote “ nay.”
Mr. BACON. I simply wish to offer an amendment.
Mr. McCUMBER (when his name was called). I again an
nounce my pair with the senior Senator from Mississippi [Mr.
Mr. CUMMINS. I withhold the request a moment until the
Senator from Georgia may present his amendment.
P e r c y ] and withhold my vote.
Mr. BACON. I simply desire to offer an amendment, and I
Mr. MASSEY (when his name was called). I announce my
pair with the Senator from Virginia [Mr. S w a n s o n ] and with will ask the Secretary to take it down. It is on the sixth line
on the second page, to strike out the word “ six ” and to insert
hold my vote.
Mr. SMITH of South Carolina (when his name was called). the word “ four.” I do not ask to do anything more now than
I again announce my pair with the senior Senator from Dela to have that entered.
Mr. CLAPP. I desire to say to the Senator from Iowa—of
ware [Mr. R i c h a r d s o n ] , and transfer that pair to the Senator
from Indiana [Mr. K e r n ] and shall vote. I vote “ nay.”
course I do not know how many Senators have signified their
Mr. STONE (when his name was called). I announce my desire to speak—that I had expected to speak on this question,
pair with the Senator from Wyoming [Mr. C l a r k ] , and with but I shall very cheerfully waive the privilege if a vote can be
taken now upon the joint resolution.
hold my vote.
Mr. - SUTHERLAND (when his name was called). I am
The PRESIDENT pro tempore. Is there objection to the
paired with the Senator from Maryland [Mr. R a y n e r ] . I trans request of the Senator from Iowa that the joint resolution be
fer that pair to tlj&^ewsttTr'If^^
[Mr. G r o n n a ] laid aside temporarily? The Chair hears none, and it is so
and will vote. I vote “ yea.”
ordered.
Mr. WATtl^EN (when his name was called). OnThsfe ques
E X TE N SIO N OF APPROPRIATION S.
tion I am paired with the Senator from Louisiana [Mr. Fosfiitft].
Mr. WARREN. I am directed by the Committee on Appro
The roll call having been concluded, the result was a^ 5 priations, to which was referred the joint resolution (H. J. Res.
nounced—yeas 41, nays 17, as follows:
*^56) to further continue the provisions of a joint resolution
Y E A S— 41.
ai%roved July 1, 1912, entitled “ Joint resolution extending apAslmrst
Cummins
Martine, N. J.
Smith, Ga.
profhyations for the necessary operations of the Government
Bacon
Curtis
Myers
Smith, Aid.
under'..certain contingencies,” to report it favorably without
Bourne
Dillingham
Nelson
Smoot
Briggs
Oliver
du Pont
Sutherland
amendment. I ask for its present consideration.
Bryan
Fall
Overman
Thornton
There fyeing no objection, the Senate, as in Committee of the
Burnham
Fletcher
Page
Tillman
Whole, proceeded to consider the joint resolution. It proposes
Burton
Johnson, Me.
Penrose
Williams
Johnston, Ala
Chamberlain
Perkins
Works
that the provisions of a joint resolution entitled “ Joint resolu
Chilton
Kenyon
Pomerene
tion extending appropriations for the necessary operations of
Crane
La Follette
Shively
the Government under certain contingencies,” approved July 1 ,
Culberson
Martin, Va.
Simmons
1912, be further extended and continued in full force and effect
N AYS— 17.
for and during the last half of the month of August, 1912.
Borah
Cullom
Poindexter
Smith, S. C.
Bristow
Gallinger
Root
Townsend
The joint resolution was reported to the Senate without
Catron
Lippitt
Sanders
amendment, ordered to a third reading, read the third time, and
Clapp
Lodge
Smith, Ariz.
passed.
Crawford
McLean
Smith, Alich.
Bailey
Bankhead
Bradley
Brandegee
Brown
Clark, Wyo.
Clarke, Ark.
1iavis
Dixon
NOT VOTING— 36.
Foster
Kern
Gamble
Lea
Gardner
McCumber
Gore
Massey
Gronna
Ncwlands
Guggenheim
O’Gorman
Heyburn
Owen
Hitchcock
Payntcr
Jones
Percy
COOSA RIVER D A M , AL A .
Rayner
Reed
Richardson
Stephenson
Stone
Swanson
Warren
Watson
Wetmore
So the motion of Mr. C u m m i n s w a s agreed to, an(U,£He
Senate, as in Committee of the Whole, proceeded to in s id e r
the joint resolution (S. J. Res. 78) proposing aiy,amendment
to the Constitution of the United States, wbiefUhad been re
ported from Uie Committee on the Judiciary with an amend
ment.
I ■........
■
Mr. CUMMINS. Mr. President, I have been informed that
there are some others who desire to speak upon this joint
resolution, but that they are not prepared to proceed this after
noon. I know also the very great anxiety of some Senators
that we shall take up the calendar. In view of those circum
stances, I ask unanimous consent that the unfinished business
be temporarily laid aside.
Mr. BACON. Before that is done I wish to offer an amend
ment to the joint resolution in order that it may be stated,
and then I shall make no objection to the request.
Mr. WILLIAMS. Mr. President, reserving the right to ob
ject, I should like to ask the Senator from Iowa if he has any
reason for delaying the matter, except that some Senator wants
to speak? Is there any other reason?
Mr. CUMMINS. I gave two reasons. One is that there are
Senators here who desire to speak and who have told me that
they are not ready, and the other is that there is a great desire
upon the part of Senators to take up some of the bills on the
calendar that are not objected to, and which it is very necessary
that we shall pass if they are to be considered by the House.
I have yielded to those two considerations. I expect to-morrow
to insist upon the consideration of the joint resolution.
Mr. WILLIAMS. Mr. President, in view of the second reason
I shall not object. We are getting pretty near the end of the
session now, and I shall object to any unanimous-consent agree
ment hereafter to postpone business simply upon the ground
that some Senator wants to speak and is not ready to do so ;
but the second request, it seems to me, is a very good one, and
I shall not object.
Mr. BANKHEAD. I desire to ask unanimous consent that on
Friday luorning, being to-morrow, immediately after the routine
morning business, the Senate will consider Calendar No. 899,
being/the bill (S. 7343) to authorize the building of a dam
across the Coosa River, Ala., at the place selected for Lock No.
lisf ’on said river.
Mr. CRAWFORD. I object.
The PRESIDENT pro tempore. Objection is made.
CONSIDERATION OF T H E CALENDAR.
Mr. SMOOT. I ask unanimous consent that the Senate pro
ceed to the consideration of the calendar under Rule VIII, be
ginning with Calendar No. 824.
Mr. CRAWFORD. Is that where we left off?
Mr. SMOOT. That is where we left off this morning.
Mr. MARTINE of New Jersey. I ask the Senator from Utah
to allow the consideration of Calendar No. 800, instead of
starting at 824, which would shut that out. It will provoke
no discussion. All the parties who are affected by it are unani
mously in favor of it.
Mr. SMOOT. Mr. President, if that be allowed, there are
other Senators who will ask that we go back to the beginning
of the calendar.
The PRESIDENT pro tempore. Is there objection to the
request of the Senator from Utah?
Mr. CRAWFORD. There i s ; I object
Mr. SMOOT. I have not asked-----Mr. CRAWFORD. I object to going down in some other
place in the calendar and picking out a bill here and another
there.
Mr. SMOOT. I myself objected to that, and asked that we
begin with Calendar No. S24.
The PRESIDENT pro tempore. Is there objection to the
request of the Senator from Utah?
Air. MARTINE of New Jersey. I object.
Air. SAIOOT. Then, I move that the Senate proceed to the
consideration of the calendar under Rule VIII, beginning with
Calendar No. 824.
The PRESIDENT pro tempore. The Senator from Utah
moves that the Senate proceed to the consideration of bills on
the Calendar under Rule VIII, beginning with Order of Busi
ness 824. The question is on that motion.
r
1912.
/?
CO!ST
OEE^SXO¥AL EEG0RD— SENATE.
*
11065
P R /i
v n A n f !
i ct o n
n O 'I ’ a a i n Ct
T V T T 5 T ? A A T T A T ^dT ^T J'
Mr. BRANDEGEE. T imove 4that L I -» hresolution be indefi
I r > a t t a - V i n f the a .- i a I t i ! ! a t \
The PRESIDENT pho tempore. iThe /quest!
nitely postponed.
to the conference report.
The motion was agreed to.
Mr. BRANDEGEE. I ask for the yeas and nays.
The^yeas and nays were ordered, and the Secretary pro
PUBLIC BUILDING AT SAN JU AN , P. R.
ceeded
Mr. SUTHERLAND. Out of order, I ask leave to submit a
Mr. LIPPITT (when hfs name was called). I transfer the
pair which I have with the senior Senator from Tennessee report from the Committee on Public Buildings and Grounds.
[Mr. L e a ] to the senior Senator from South Dakota [Mr. G a m That committee, to which was referred the bill (S. 7472) in
creasing the limit of cost for the erection of a United States
ble ] and will vote. I vote “ nay.”
Mr. McCUMBER (when his name was called). I have a post-office and courthouse building at San Juan, P. R., directs
pair with the senior Senator from Mississippi [Mr. P ercy ]. me to report it favorably.
He being absent from the Chamber, I withhold my vote.
Mr. WARREN. As that bill is only a few lines in length, I
Mr. DU PONT (when Mr. R ich ard so n ’ s name was called). ask unanimous consent for its present consideration.
My colleague [Mr. R ich a r d so n ] is absent from the city. He
There being no objection, the Senate, as in Committee of the
is paired with the junior Senator from South Carolina [Mr. Whole, proceeded to consider the bill. It proposes to increase
S m i t h ]. If present and free to vote, my colleague would vote the limit of cost for the erection of a United States post-office
and courthouse building at San Juan, P. R., to $457,000.
“ nay.”
The bill was reported to the Senate without amendment, or
Mr. STONE (when his name was called). I transfer the
general pair I have with the Senator from Wyoming [Mr. dered to be engrossed for a third reading, read the third time,
C l a r k ] to the Senator from Arkansas [Mr. D a v is ] and will and passed.
vote. I vote “ yea.”
THE PANAM A CANAL.
Mr. SUTHERLAND (when his name was called). I have a
Mr. DU PONT. Mr. President, I send to the desk a letter from
general pair with the Senator from Maryland [Mr. R a y n e r ]. the Harlan & Hollingsworth Corporation, of Wilmington, Del.,
On account of his absence, I withhold my vote.
in reference to the Panama Canal, which I ask to have printed
Mr. WETMORE (when his name was called). I have a in the R ecord without being read.
general pair for this week with the junior Senator from Maine
The PRESIDENT pro tempore. It will be so ordered in the
[Mr. G ardner ], not extending,-however, to matters involving a absence of objection.
two-thirds vote. I therefore withhold my vote.
The letter referred to is as follow s:
The roll call was concluded.
H a r l a n & H o l l in g s w o r t h C o r p o r a t io n ,
Mr. BRANDEGEE (after having voted in the negative). I
Wilmington, D el., August Uh 1912
inquire if the junior Senator from New York [Mr. O ’ G o r m a n ] Hon. H e n r y A . du P o n t ,
United, States Senate, Washington, D. C.
has voted?
S ir : This corporation, the original iron shipbuilding yard in America
The PRESIDENT pro tempore. The Chair is informed that
employers of upward of 2,000 workmen, views with the greatest alarm
that Senator has not voted.
that portion of the Panama Canal bill, recently passed by the Senate
Mr. BRANDEGEE. I have a general pair with him, and of the United States, which provides for the purchase of foreign-built
vessels to be used in foreign commerce under American x-egistry, and
therefore withdraw my vote.
most earnestly opposes its enactment into a law.
Mr. SMITH of South Carolina. I have a general pair with
The effect of the passage of this bill will be the building of all ves
the Senator from Delaware [Mr. R ich a r d so n ]. I transfer that sels of that class in foreign shipyards, where the cost of both labor
p a ir to the Senator from Arkansas [Mr. C l a r k e ] and will vote. and material is much less than in this country.
In a ship complete practically every commodity Is to be found, and
I vote “ yea.”
consequently every trade is employed in its construction and equip
Mr. LA FOLLETTE. For the junior Senator from North ment. One hundred million dollars is a conservative figure represent
Dakota [Mr. G r o n n a ] I announce that he is unavoidably ab ing the investment in American shipyards, and 100,000 souls an equally
conservative estimate of those dependent for their maintenance on the
sent. If present, he would vote “ yea.”
wages earned therein.
Mr. WILLIAMS. I w ish to ann oun ce th e u n a void ab le a b
The industry of which we form a part is the only large one that
sence o f m y collea gu e [Mr. P e rcy ]. I ask th at this a n n ou n ce has not heretofore had the benefit of protection, and as a result has
had a very hard and discouraging struggle for existence. The prefer
m ent stand fo r the day.
Mr. GORE. I am paired with the junior Senator from Wis
consin [Mr. S t e p h e n s o n ! . ,
Mr. CURTIS. I have been~requested to announce that the
Senator from Colorado [Mr. G u g g e n h e i m ] is paired with the
Senator from Kentucky [Mr. P a y n t e r ] , and that the Senator
from Nebraska [Mr. B r o w n ] is paired with the Senator from
[
Oklahoma 1M r . O w e n ].
/T h e result was announced —yeas 48, nays 18, as follows:
•
Ashurst
/ Bacon
; Borah
, Bourne
Bradley
Bristow
Bryan
Chamberlain
Chilton
! Clapp
; Crawford
Culberson
Briggs
Burnham
Burton
Catron
Crane
Bailey
Bankhead
Brandcgee
v Brown
■ Clark. Wyo.
\ Clarke, Ark.
Y E A S— 48.
Massey
Cummins
Myers
Curtis
Nelson
Fletcher
Newlands
Foster
Overman
Johnson, Me.
Page
Johnston, Ala.
Perkins
.Tones
Pomerene
Kenyon
Reed
Kern
Shively
La Follette
Simmons
Martin, Va.
Martine, N. J.
Smith, Ariz.
N A Y S— 18.
Lippi tt
Cullom
Lodge
Dillingham
McLean
du Pont
Oliver
Gallinger
Penrose
lleyburn
NOT VOTING— 28.
Hitchcock
Dixon
Lea
Fall
Gamble
McCumber
O’ Gorman
Gardner
Owen
Gore
Paynter
Gronna
Percy
Guggenheim
Davis
. So the conference report was agreed to.
Smith, Ga.
Smith, M d.
Smith, M ich,
Smith, S. C.
Stone
Swanson
Thornton
Tillman
Townsend
Watson
W illiam s
Works
Root
Smoot
Warren
Poindexter
Itayuer
Richardson
Sanders
Stephenson
Sutherland
Wetmore
COMMITTEE ON INTEROCEANIC CANALS.
Mr. BRANDEGEE. I move to reconsider the vote by which
the Satiate yesterday passed a resoU.Uion fS. Res. 379) changing
the name of- the Committee on Interoceanic Canals to that of
the Committee on the Panama Canal, because on consultation
With the financial secretary of the Senate I find it might com
plicate the standing of the clerk of the committee.
The motion to reconsider was agreed to.
ence given by free tolls to American built and owned vessels would
undoubtedly stimulate the building of an American merchant marine in
American shipyards by American workmen, and afford some adequate
return for the patriotism, zeal, and capital that has been for years ex
pended in our shipyards, with but pitiful financial returns, and would
be a source of prosperity to the country at large, thus in a measure
recompensing the people, whose means have been so lavishly expended
in the construction of the Panama Canal.
The enactment into law of the section of the bill in question will
pass over that source of prosperity to the shipbuildex-s and workmen
of foreign countries.
W e submit that the free-ship amendment was injected into the canal
bill— though not having the slightest connection with it, being a sepa
rate issue and one quite important enough to command national atten
tion— justifying the shipbuilder’s natural inquiry, “ W hy was it in
serted in this measure and passed by the Senate in this reckless
manner? ”
It was passed improperly and without due consideration and w ith
out consultation of those qualified to know the facts, and we most
urgently insist that the best interests of our and all allied industries
will be best subserved by the rejection of the bill in question, the
passage of which will sound the death knell of our long-deferred but
thoroughly deserved dreams of prosperity.
W e respectfully but most emphatically request that you use your
best endeavors to prevent the enactment into law of the above-mentioned
discriminating free-ship section of the Panama Canal bill.
Very respectfully,
„
H a r l a n & H o l l in g s w o r t h C o r p o r a t io n ,
P e r s if o r F r a ze r , Jr., Vice President.
THE METAL SCHEDULE.
Mr. SIMMONS. I ask the Chair to lay b efore th e
a ction of the House of R epresen tatives on House bill
The PRESIDENT pro tempore. The Chair lays
Senate a message from the House of Representatives,
be read.
The Secretary read as f o llo w s :
Senate the
18642.
before the
which will
I n t h e H o u se o f R e p r e s e n t a t i v e s
August It,! 1912.
The President of the United States having returned to the House of
Representatives, in which it originated, the bill H. R. 18G42, an act to
amend an act entitled “ An act to provide revenue, equalize duties and
encourage the industries of the United States, and for other purposes ”
w
rith his objection thereto, the House proceeded, in pm*suance of the
Constitution, to reconsider the sam e: and
Resolved, That the said" m Tfpass, two-thirds of the Houscu
1yF Repre
sentatives agi-eeirfg to pass the same. The objection thereto of the1
President is herewith transmitted to the Senate.
Mr. SIMMONS. I move the passage of the bill, notwithstand
ing the veto o f the President.
11066
OONGEESSIOJSTAL RECOKD— SENATE.
A ugust i e
The PRESIDENT pro tempore. The Chair will state the from Maryland [Mr. R a y n e r ] and the Senator from Maine Ur
question. The question is, Shall the hill pass the objections of G ardner ] and will vote. I vote “ yea.”
1 r‘
the President to the contrary notwithstanding?
Mr. GORE. I wish to state that I am paired with the junio
Mr. PENROSE. On that question, the vote is to be taken by Senator from Wisconsin [Mr. S t eph en so n ]. I transfer tfi1
*
the yeas and nays.
pair to the junior Senator from Nebraska [Mr. H itchcock ?
The yea£ and nays were ordered, and the Secretary proceeded and will vote. I vote “ yea.”
*
to call the roll.
Mr. CURTIS. I desire to announce that the Senator fror
Mr. BAILEY (when his name was called). I have a general Colorado [Mr. G u g g en h e im ] is paired with the Senator fro?*
pair with the Senator from Montana [Mr. D ix o n ], and on an Arkansas [Mr. C l a r k e ] and the Senator from Kentucky [ jJ ?
ordinary question I should feel, of course, bound by every consid P a y n t e r ].
'
*
eration that binds a gentleman to observe the pair. But, in
The PRESIDENT pro tempore. Before announcing the r
my opinion, a pair is ouly made in contemplation of an equality suit of the vote the Chair will take occasion to say that by
of votes, and in a case where 1 vote can only be neutralized oversight the veto message was not read, which the Chair think1
by 2, I do not believe a pair can fairly bind. Under that con always has been done heretofore, and the Chair, unless ther*
be objection, will order that the veto message be printed in tl.e
viction I feel it my duty to vote. I vote “ yea.”
Mr. BRANDEGEE (when his*name was called). I have a C ongressional R ecord and in the Journal of the Senate, ar,*j
’
a
general pair with the Senator from New York [Mr. O’ G o r m a n ]. the bill also.
I had an understanding with him before he left town that if
•The message of the President of the United States and tli
any matter came up in which I was entitled to one other upon bill are as follows:
the other side, as equivalent for my pair, and I was not furnished To the House of Representatives:
with it, I should feel at liberty to vote. He agreed with me in
I return, with my objections, H. R. 18642, a bill entitled “^ n
that, and I therefore will vote. I vote “ nay.”
Mr. LIPPITT (when his name was called). I have a gen act to amend an act entitled ‘An act to provide revenue, equal,
eral pair with the senior Senator from Tennessee [Mr. L e a ], ize duties, and encourage the industries of the United States'
but on a question like that of a vefo, I am relieved from the and for other purposes,’ approved August 5, 1909.”
This bill provides for a complete revision of Schedule o of
operation of the pair, and I will accordingly vote. I vote “ nay.”
Mr. McCUMBER (when his name was called). I am not the tariff law, relating to metals and manufactures of meta]s
only relieved by my pair in a case of this character, but, as I In committee and in the consideration of the majority vvho
understand the purpose of pairs, that of equalizing votes, in all passed the bill the important part of it seems to have been the
cases requiring a two-thirds vote, I feel at liberty to vote. I basic manufactures of iron and steel, and most of the infor
mation which was obtained and discussed was in reference to
vote “ nay.”
Mr. CHAMBERLAIN (when Mr. O w e n ’ s name was called). that manufacture. The truth is that iron and steel as primary
products are less than one-third in value of the subject matter
I desire to announce for the day that the senior Senator from
Oklahoma [Mr. O w e n ] is paired with the senior Senator from covered by it; and that there may be no misunderstanding jn
regard to this, I present, as an appendix, a table prepared by
Nebraska [Mr. B r o w n ].
Mr. SMITH of South Carolina (when his name was called). the Census Bureau showing that included in Schedule C are
I have a general pair with the Senator from Delaware [Mr. 59 allied industries of sufficient importance to justify separate
R ich ard so n ]. I see that other Senators, in view of the peculiar classification, study, and report by the Census Bureau, all 0f
conditions that exist now, of two for one, are breaking their which are directly affected by the bill under consideration.
If only the primary products of iron and steel were affected
pairs. Notwithstanding that fact, I do not feel like breaking
my pair. I transfer it to the Senator from Arkansas [Mr. by this bill, or if they constituted the larger part of the values
involved in Schedule C, the consideration of the bill for pur
C larice ] and will vote “ yea.”
Mr. STONE (when his name was called). I am paired with poses of approval or disapproval would be easier, but it is not
the Senator from Wyoming [Mr. C l a r k ]. I am embarrassed within my power to separate these various industries. The bill
in determining what to do. I can not arrange a pair such as is presented to me as a whole and must be approved or disap
it seems should be arranged on a vote of this kind. I regard proved as a whole.
The table furnished showed that “ foundry and machine-shop
this as an exceedingly important question, and, in a large way,
a party question. I feel constrained to observe my pair with products,” which are secondary products of the iron and steel
industry, are made by more than 13,000 competing establish
the Senator from Wyoming. I do not feel at liberty to vote.
I f I did, I should vote “ yea.” But under the circumstances I ments, with an invested capital of more than a billion and a half
dollars, with more than a half a million wage earners employed,
shall withhold my vote.
Mr. SUTHERLAND (when his name was called). I have a and producing nearly a billion and a quarter dollars in value
general pair with the Senator from Maryland [Mr. R a y n e r ], of products annually. Every dollar of this capital and every
but, under the arrangement which I have with that Senator, workman employed in the industry is directly affected by the
either of us is at liberty to vote upon questions which require bill, and I can not find, either in the report of the Committee
a two-thirds vote whenever that one votes in the negative. I on Ways and Means of the House or, to any extent, in the dis
cussion of the schedule, that serious consideration has been
therefore feel at liberty to vote. I vote “ nay.”
Mr. WETMORE (when his name was called). I have a gen given to the effect of this revision on this particular branch of
eral pair with the junior Senator from Maine [Mr. G ardner ] the industry, and the same thing is true of more than twofor this week, but as it does not extend to matters involving a thirds of the industries covered by the schedule.
It appears in the discussion of this revision now presented
two-thirds vote, I will vote. I vote “ nay.”
to me for consideration that no public hearings have been given
The roll call was concluded.
Mr. DU PONT. I desire to announce that my colleague [Mr. by the Ways and Means Committee of the House, on the ground
R ich ard so n ] is absent from the city. If he were present and that it would thereby cause delay. The Ways and Means Com
mittee avowed that the principle of protection had not been
free to vote, he would vote “ nay.”
Mr. BRANDEGEE (after having voted in the negative). I considered, but that in framing the present revision of the metal
have been furnished the additional part of my pair, the senior schedule the committee had “ adopted the general principle of
Senator from Tennessee [Mr. L e a ] being offered me in addition reducing all duties to a revenue bjisis, so far as practicable,
to the Senator from New .York [Mi-. O’ G o r m a n ], I therefore except in those cases where more cogent consideration than
transfer both of those Senators as paired with the senior Sena those relating to the fiscal policy of the Government dictated
tor from South Dakota [Mr. Ga m b l e ], and will let my vote the transfer of given items to the free list.” This makes a
stand.
clear-cut issue between the protective policy and that of a tariff
Mr. SMOOT. I desire to announce the absence from the city for revenue only, and without fuller information, therefore, I
of the junior Senator from Wisconsin [Mr. S t e ph en so n ] and am obliged to treat this bill as a revenue bill, and one in which
that he is paired with the Senator from Oklahoma [Mr. G ore ]. the consideration of preserving flie industry by maintaining a
Mr. LA FOLLETTE. Mr. President, I was unable to be tariff necessary to do so had little weight. There is nothing to
present when this bill was under consideration by the Senate. show me that \lie duties provided in the bill will equal the dif
Nor have I been able to give to the subject since that time ference in the cost of production here and abroad in the great
such investigation as to enable me to arrive at any clear judg lines of industries, and that the wages of workmen will not be
ment as to the particular rates fixed in the bill. I therefore reduced by a measure which avowedly discards entirely the
withhold my vote.
principle of fair protection. It should be noted that the labor
Mr. WARREN. I desire to state that my colleague [Mr. employed in the secondary industries, which has had so little
C l a r k ] is unavoidably absent and is paired with the Senator consideration in this bill, is in a large measure high-grade,
from Missouri [Mr. S tone ], as he has stated. I f here my col skilled labor, commanding a high level of wages.
league would vote “ nay.”
This schedule was included in the general tariff revision of
Mr. SMITH of South Carolina. I transfer my pair with the 1909, at which time public hearings were given, attended by
junior Senator from Delaware [Mr. R ich ardson ] to the Senator 1 importers, domestic producers, employees, and consumers, and
1912
CONGRESSIONAL RECORD— SENATE
11069
ment, 10 per cent ad valorem ; monazite sand and th o rite; thorium,
would be imposed if such goods, wares, or merchandise,were imported
on or after that date.
oxide of and salts o f ; gas mantles treated with chemicals or metallic
oxides; and gas-mantle scrap consisting in chief value of metallic
The result was announced—yeas 32, nays 39, as follow s:
oxides, 25 per cent ad valorem.
Y E A S — 32.
54. Nickel, nickel oxide, alloy of any. kind in which nickel is a
component material of chief value, in pigs, ingots, hars, rods, or plates,
Ashurst
Fletcher
Myers
Smith, Ga.
10 per cent ad valorem ; sheets or strips, 20 per cent ad valorem.
Bacon
Foster
Newlands
Smith, Md.
55. Pens, metallic, 25 per cent ad valoi^hi.
Bailey
Overman
Gore
Smith, S. C.
50. Penholder tips, penholders and parts thereof, gold pens, fountain
Johnson, Me.
Pomerene
Bankhead
Swanson
pens, and stylographic p e n s; combination penholders, comprising pen Bryan
Reed
Johnston, Ala.
Thornton
holder, pencil, rubber eraser, automatic stamp, or other attachment,
Kern
Shively
Chamberlain
Tillman
25 per cent ad valorem.
Chilton
Martin, Va.
Simmons
Watson
57. Pins with solid heads, without ornamentation, including hair,
Smith, Ariz.
Culberson
Martine, N. J.
W illiam s
safety, hat, bonnet, and shawl p in s ; any of the foregoing composed
N A Y S — 39.
wholly of brass, copper, iron, steel, or other base metal, not plated
Borah
with gold or silver, and not commonly known as jewelry, 2 0 per cent
Crawford
Kenyon
Perkins
Bourne
Cullom
Lippitt
Root
ad valorem.
Bradley
Cummins
58. Quicksilver, 10 per cent ad valorem. The flasks, bottles, or other
Lodge
Sanders
Curtis
Brandegee
vessels in which quicksilver is imported shall he subject to the same
McCumber
Smith, Mich.
Dillingham
Briggs
rate of duty as they would he subjected to if imported empty.
McLean
Smoot
du Pont
Bristow
Massey
59. Type metal, on the lead contained therein, and new types, 15
Sutherland
Fall
Burnham
Nelson
per cent ad valorem.
Townsend
Galliuger
Burton
Oliver
60. Watch movements, including time detectors, whether imported in
Warren
Ileyburn
Catron
Page
cases or not, watch cases and parts of watches, chronometers, box
Wetmore
Jones
Crane
Penrose
or ship, and parts thereof, lever clock movements having jewels in the
escapement, and clocks containing such movements, all other clocks
NOT V O TIN G — 23.
and parts thereof, not otherwise provided for in this act or in the
Gamble
Lea
Brown
Rayner
first section of the act cited for amendment, whether separately packed
Gardner
Clapp
O’ Gorman
Richardson
or otherwise, not composed wholly or in chief value of china, porcelain
Owen
Gronna
Clark, Wyo.
Stephenson
parian, bisque, or earthenware, 30 per cent ad valorem ; all jewels for
Guggenheim
Paynter
Clarke, Ark.
Stone
use in the manufacture of watches or clocks, 10 per cent ad valorem :
Percy
Hitchcock
Davis
Works
enameled dials for watches or other instruments, 35 per cent ad
Poindexter
Dixon
La Follette
valorem : Provided, That all watch aDd clock dials, whether attached
to movements or not, shall have indelibly painted or printed thereon
The PRESIDENT pro tempore. Less than two-tliirds of the
the country of origin, and that all watch movements, lever clock move
Senate having voted in the affirmative the bill fails to pass.
ments with jewels in the escapement, whether imported assembled or
knocked down for reassembling, and cases of foreign manufacture, shall
TIIE PANAM A CANAL.
have the name of the manufacturer and country of manufacture cut,
Air. BRISTOW. I send to the desk a concurrent resolution,
engraved, or die sunk conspicuously and indelibly on the plate of the
movement and the inside of the case, respectively, and the movements
which I ask to have given immediate consideration. It relates
shall also have marked thereon by one of the methods indicated the
number of jewels and adjustments, said number to he expressed either to the Panama Canal. On page 19, after the word “ elsewhere,”
in line 7, I ask to have inserted by this concurrent resolution
in words or in Arabic num erals; and none of the aforesaid articles
thajl be delivered to the importer unless marked in exact conformity
the following language: “ With which said railroad or other
to this direction.
carrier aforesaid does or may compete for traffic.”
61. Zinc in blocks or pigs and zinc d u s t; in sheets, and old and wornSome question has arisen as to whether it relates back to
out zinc fit only to he remanufactured, 15 per cent ad valorem.
62. Cans, boxes, packages, and other containers of all kinds, ex the former clause, and there is no question as to what -was the
cept such as are hermetically sealed by soldering or otherwise, com intention of the framers of the b ill; and in order to make that
posed wholly or in chief value of metal lacquered or printed by any
process of lithography whatever, if filled or unfilled, and whether their clear, I ask that the concurrent resolution be passed.
contents be dutiable or free, 30 per cent ad valorem : but no cans, boxes,
The concurrent resolution (S. Con. Res. 28) was read and
packages, or containers of any kind of the capacity of 5 pounds or considered by unanimous consent, as follows:
under subject to duty under this paragraph shall pay less duty than
if the same were imported e m p ty ; and the dutiable value of the same
Resolved by the Senate ( the House of Representative concurring),
shall include all packing charges, cartons, wrappings, envelopes, and
That the Committee on Enrolled bills of the two Houses be authorized
printed matter accompanying them when such cans, boxes, packages,
to correct the enf oiled bill of the House (II. R. 21969) entitled “An
or containers are imported wholly or^partly filled with merchandise .act to provide for the opening, maintenance, protection, and operation
exempt from duty, except liquids and merchandise commercially known of the Panama Canal, and the sanitation and government of the Canal
Zone,” by inserting in section 11, after the words “ or elsewhere,” where
as drugs, and which is commonly dealt in at wholesale in the country
they occur the second time, the words “ with whicii said railroad or
of original exportation in bulk or in packages exceeding 5 pounds in
other carrier aforesaid does or may compete for traffic.”
capacity: Provided, That paper, cardboard, or pasteboard wrappings
or containers that are made and used only for the purpose of holding
Air. REED. Air. President, who offered the resolution?
or containing the article with which they are filled, and after such
Air. BRISTOW. I offered it. I offered it after consultation
use are mere waste material, shall not be dutiable unless their con
tents are dutiable.
,
,
with the chairman of the committee in the House. It is simply
63. Bottle caps of metal, whether plain or colored, waxed, lacquered,
to clear up what might be a misinterpretation of what the word
enameled, lithographed, or embossed in color, 30 per cent ad valorem.
“ elsewhere ” means. It means simply on this competing route.
64. A ll steam engines, 15 per cent ad valorem ; embroidering ma
chines and lace-making machines, including machines for making lace
The concurrent resolution was agreed to.
curtains, nets, or nettings, 25 per cent ad valorem.
TARIFF DUTIES ON WOOL.
65. Nippers and pliers of all kinds wholly or partly manufactured,
SO per cent ad valorem.
. ,
. . . .
.
. . .
The PRESIDENT pro tempore laid before the Senate the
66. Articles or wares not specially provided for in this act or in the
first section of the act cited for amendment, composed wholly or in following message from the House of Representatives, which
part of iron, steel, lead, copper, nickel, pewter, zinc, gold, silver, plati was read:
num, aluminum, or other metal, and whether partly or wholly manu
I n t h e H o u se of R e p r e s e n t a t i v e s ,
factured, 25 per cent ad valorem.
August 12, 1912.
The President of the United States having returned to ihe House
FREE LIST.
of Representatives, in which it originated, the bill (II. R. 2 2 195) en
That on and after the dav following the passage of this act the titled “ An act to reduce the duties on wool and manufactures of
articles mentioned in the following paragraphs shall when imported wool,” with his objection thereto, the House of Representatives pro
into the United States or into any of its possessions (except the
ceeded, in pursuance of the Constitution, to reconsider the same ; and
Philippine Islands and the islands of Guam and Tutuila) be exempt
Resolved, That the said bill do pass, two-thirds of the House of
from d u ty :
Representatives agreeing to pass the same. The objection thereto of
67. Iron ore, including manganiferous iron ore, and the dross or the President is herewith transmitted to the Senate.
residuum- from burnt pyrites.
The PRESIDENT pro tempore. The Secretary will read the
68. IIoop or band iron, or hoop or band steel, cut to lengths, or
wholly or partly manufactured into hoops or ties, coated or not coaled message of the President.
w ith paint cr any other preparation, with or without buckles or fasten
The Secretary read as follows:
ings, for baling cotton or any other commodity.
6 9 . B a r b e d a n d a ll o t h e r fe n c e w ir e a n d w ir e f e n c in g a n d b a l i n g w ir e .
70. Cut nails and cut spikes of iron or steel, horseshoe nails, hob
nails, and all other wrought-iron or steel nails not specially provided
for in this act or in the first section of the act cited for amendment,
wire staples, wire nails made of wrought iron or steel, spikes, nuts,
and washers, and horse, mule, or ox shoes, of wrought iron or steel,
and cut tacks, brads, or sprigs.
71. T u n g sten -b ea rin g ores o f a ll lands.
7 2 . Z i n c -b e a r in g ore o f a ll k in d s , i n c lu d in g c a la m in e .
73 Cash registers, linotype and all typesetting machines, machine
tools' printing presses, sewing machines, typewriters, and tar and oil
spreading machines used in the construction and maintenance of roads
and in improving them by the use of road preservatives, all the fore
going whether imported in whole or in parts, including repair parts.
S e c 2 T h a t o n a n d a f t e r th e d a y f o l l o w i n g th e p a s s a g e o f t h is a c t
flll croods w a r e s , a n d m e r c h a n d is e p r e v i o u s ly im p o r t e d a n d lie r e in b e f o r e e n u m e r a t e d , d e s c r ib e d , a n d p r o v id e d f o r , f o r w h ic h n o e n t r y lia s
been m ade
a n d a ll s u c h ijo o d s , w a r e s , a n d m e r c h a n d is e p i e v i o u s l y
e n t e r e d w i t h o u t p a y m e n t o f d u t y a n d u n d e r b o n d f o r w a r e h o u s in g ,
t r a n s p o r t a t io n , o r a n y o t h e r p u r p o s e , f o r w h ic h n o p e r m it o f d e liv e r y
t o t h e i m p o r t e r o r h is a g e n t h a s b e e n is s u e d , s h a ll b e s u b je c t e d t o n o
e t h e r d u t y u p o n th e e n t r y o r w it h d r a w a l t h e r e o f t h a n t h e d u t y w h ic h
To the House of Representatives:
On December 20, 1911, I sent a message to the Congress rec
ommending a prompt revision of the tariff on wool and wool
ens. I urged a reduction of duties which should remove all
the excesses and inequalities of the schedule, but should leave
a degree of protection adequate to maintain the continued em
ployment of machinery and labor already established in that
great industry. With that message I transmitted a report of
the Tariff Board, which furnished for the first time the infor
mation needed to frame a revision bill of this character, and
recommended that legislation should be at once undertaken in
the light of this information.
Despite the efforts which have been made to discredit the
work of the Tariff Board, their report on this schedule has been
accepted, with scarcely a dissenting voice, by all those familiar
with the problems discussed, including active representatives of
11070
B;
<
y
CONGRESSIONAL RECORD— SENATE.
organizations formed in the interest of the public and the con
sumer. Importers and merchants, as well as producers and
manufacturers, have testified to the accuracy and impartiality
of these findings of fact. For the first time in the history of
American tariffs the opportunity has been afforded of securing
a revision based on established facts, independent both of the
ex parte statements of interested persons and the guesswork of
political theorists.
My position has been made perfectly plain. I shall stand by
my pledges to maintain a degree of protection necessary to off
set the difference in cost of production here and abroad, and
will heartily approve of any bill reducing duties to this level.
Bills have been introduced into Congress, carefully framed and
based on the findings of the Tariff Board, which, while main
taining the principle of protection, have provided for sweeping
reductions. Such a bill was presented by the minority members
of the Ways and Means Committee, which, while providing pro
tection to "the woolgrower, reduces the duty on most wools 20
per cent, and the duties on manufactures by from 20 to more
than 50 per cent, and gives in many instances less net protection
to the manufacturer than was granted by the Gorman-Wilson
free-wool act of 1894.
Instead of such a measure of thorough and genuine revision,
based on full information of the facts, and with rates properly
adjusted to all the different stages of the industry, there is now
presented for my approval II. It. 22195, “An act to reduce the
duties on wool and the manufactures of wool,” a bill identical
with the one which I vetoed in August, 1911, before the report
of the Tariff Board had been made. The Tariff Board’s report
fully and completely justifies my veto of that date. The amount
of ad valorem duty necessary to offset the difference in the
cost of production of raw wool here and abroad varies with
every grade of wool. Consequently, an ad valorem rate of duty
adjusted to meet the difference in the cost of production of
high-priced woolS is not protective to low-priced wools. In any
case, the report of the Tariff Board shows that the ad valorem
duty of 29 per cent on raw wool, imposed in the bill now sub
mitted to me, is inadequate to meet this difference in cost in
the case of four-fifths of our total wool clip. The disastrous
effect upon the business of our farmers engaged in wool raising
can not be more clearly stated. To maintain the status quo in
the woolgrowing industry, the minimum ad valorem rate neces
sary, even for high-grade wool in years of high prices, would be
35 per cent.
The rate provided in this bill on cloths of all kinds is 49 per
cent. The amount of net protection given by this rate, in addi
tion to proper compensation for the duty on wool, depends on
the ratio between the cost of the raw material and the cost of
making the cloth. The cost of the raw material in woolen and
worsted fabrics varies in general from 50 per cent to 70 per cent
of the total value of the fabric. Consequently, the net protective
duty, with wool at 29 per cent, would vary from 28.7 per cent
to 34.5 per cent. In the great majority of cases these rates are
inadequate to equalize the difference in the cost of manufacture
here and abroad. This is especially true of the finest goods in
volving a high proportion of labor cost. One of the striking
developments of the last few years has been the growth in this
country of a fine-goods industry. The rates provided in this
bill, inadequate as they are for most of the cloths produced in
this country, would make the continuance here of the manufac
ture of fine goods an impossibility.
Even more dangerous in their effects are the rates proposed
on tops and yarns. Tops are the result of the first stage in
the making of raw wool into cloth. Yarn is .the result of the
second stage. Taken in connection with a rate of 29 per cent
on wool and 49 per cent on cloths, the rates of 32 per cent on
tops and 35 per cent on yarn, fixed in this bill, seem impossible
of justification. They would disrupt, and to no purpose, the
existing adjustment, within the industry, of all its different
branches. It is improbable in the highest degree that raw wool
would be imported in great quantities when the cloth maker
can import his tops at a duty of 32 per cent and yarns at a
duty of 35 per cent. The report of the Tariff Board shows the
difference in relative costs to be uniformly greater than the
amount of protection on yarns given by this bill. In a year of
low prices, the net protection granted by the proposed rates
would not be more than half the difference in costs. The freewool act of 1S94. gave a protective rate of 40 per cent on all
yams over 40 cents a pound in value, with free raw material.
The present bill gives only 35 per cent on such yarns, with a
duty of 29 per cent on the raw material.
The great increase in the imports of tops and yarns which
would result from the rates in the bill now submitted to me
would destroy the effect of the protection to raw wool and at
the same time would be at the cost of widespread disaster to
■ ■ i
A ugust 16 ,
the wool combing and spinning branches of the industry. The
last 15 years lias witnessed a great growth of top making and
worsted spinning in this country, and the capacity of the plants
is now equal to domestic requirements. Under the rates pro
posed such plants could be continued, if at all, only by writing
off most of the investment as a net loss and by a "reduction of
wages. To sum up, then, most of the rates in the submitted
bill are so low in themselves that if enacted into law the inevi
table result would be the irretrievable injury to the woolgrowing industry, the enforced idleness of much of our wool combing
and spinning machinery, and of thousands of looms, and the
consequent throwing out of employment of thousands of work
men.
In view of these facts, in view of the platform upon which I
was elected, in view of my promise to follow and maintain the
protective policy, no course is open to me but to withhold my
approval from this bill. I am very much disappointed that such
a bill is a second time presented to me. I have inferred from
the speeches made in both the House and the Senate that the
Members of the majority in both Houses are deeply impressed
with the necessity of reducing the tariff under the present act
on wool and woolens; that they do not propose to stand on the
question of the amount of reduction or to insist that it must be
enough necessarily to satisfy the principle of tariff for revenue
only, but that they are willing to accept a substantial reduction
in the present rates in order that the people might be relieved
from the possibility of oppressive prices due to excessive rates.
I strongly desire to reduce duties, provided only the protection
system be maintained, and that industries now established be
not destroyed. It now appears from the Tariff Board’s report
and from bills which have been introduced into the House and
the Senate, that a bill may be drawn so as to be within the re
quirements of protection and still offer a reduction of 20 per
cent on most wool and of from 20 per cent to 50 per cent on
cloths. 1 can not act upon the assumption that the controlling
majority in either House will refuse to pass a bill of this kind,
if in fact it accomplishes so substantial a reduction, merely
because members of the opposing party and the Executive unite
in its approval. I therefore urge upon Congress that it do not
j adjourn without taking advantage of the plain opportunity thus
substantially to reduce unnecessary existing duties. I appeal
to Congress to reconsider the measure, which I now return,
-without my approval, and to adopt a substitute therefor mak
ing substantial reductions below' the rates of the present act,
which the Tariff Board shows possible, without destroying any
established industry or throwing any wage earners out of em
ployment, and which I will promptly approve.
W ar. H. T a f t .
T h e W h it e H ouse , August 9, 1912.
The Secretary proceeded to read the bill.
Mr. LA FOLLETTE. I ask unanim ous consent that the b ill
m ay be printed in the R ecord w ith ou t being read.
The PRESIDENT pro tempore. The Senator from Wiscon
sin asks unanimous consent that the reading of the bill be dis
pensed with. Is there objection? The Chair hears none. It
will be printed in the R ecord and the Journal.
The b ill is as f o llo w s :
An act (H. R. 22195) to reduce the duties on wool and manufactures
of wool.
Be it enacted, etc., That on and after the 1st day of January, 1913
the articles hereinafter enumerated, described, and provided for shall’
when imported from any foreign country into the United States or into
any of its possessions (except the Philippine Islands and the islands of
Guam and Tutuila), be subjected to the duties hereinafter provided
and no others ; that is to say :
1. On wool of the sheep, hair of the camel, goat, alpaca, and other
like animals, and on all wools and hair on the skin of such animals
the duty shall be 20 per cent ad valorem.
2. On all noils, top waste, card waste, stubbing waste, roving waste
ring waste, yarn waste, bur waste, thread waste, garnetted waste’,
shoddies, mungo, flocks, wool extract, carbonized wool, carbonized noils!
and on all other wastes, and on rags composed wholly or in part of
wool, and not specially provided for in this act, the duty shall be 20
per cent ad valorem.
3. On combed wool or tops and roving or roping, made wholly or
in part of wool or camel’s hair, and on other wool and hair which have
been advanced in any manner or by any process of manufacture beyond
the washed or scoured condition, not specially provided for in this act
the duty shall be 25 per cent ad valorem.
4. On yarns made wholly or in part of wool the duty shall be 30
per cent ad valorem.
5. On cloths, knit fabrics, felts not woven, and all manufactures of
every description made, by any process, wholly or in part of wool
not specially provided for in this act, the duty shall be 40 per cent
ad valorem.
G. On blankets and flannels composed wholly or in part of wool
the duty shall be 30 per cent ad valorem : Provided, That on flannels
composed wholly or in part of wool, valued at above 50 cents per pound
the duty shall be 45 per cent ad valorem.
’
7. On women’s and children’s dress goods, coat linings, Italian cloths,
bunting, and goods of similar description and character, composed
wholly or in part of wool, and not specially provided for in this act,
the duty shall be 45 per cent ad valorem.
SSm
1912.
CONGRESSIONAL RECORD
passed tlie Senate and the Hou^e and went iV ih p Presf
with the exception of the
stKtod
Mr. WARREN. With the twom ain exceptions*and the
minor ones.
/
Mr. JONES. The amendment of the Senator from
Carolina contains everything that was agreed to by the
and the House except what he has stated.
Mr. WARREN. Unless the Senator from North Carolina lias
changed the copy, there is no difference whatever except in his
proposition of abolishing the Commerce Court.
Mr. OVERMAN. That is the only difference.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from North Carolina
to the amendment. The amendment to the amendment will be
stated.
Mr. OVERMAN. It is unnecessary to read it, as it is the other
bill, except to abolish the Commerce Court.
The PRESIDENT pro tempore. 'Without objection, the read
ing will be dispensed with.
The amendment to the amendment is, on page 1, to strike out
all after line 7 and insert:
L e g is l a t iv e .
SENATE.
For compensation of Senators, $720,000.
For mileage of Senators, $51,000.
For compensation of the officers, clerks, messengers, and others in the
service of the Senate, namely :
Office of the Vice President: Secretary to the Vice President, $4,000 ;
messenger, $ 1 ,4 4 0 ; telegraph operator, $ 1 ,5 0 0 ; telegraph page, $ 0 0 0 ;
in all. $7,540.
Chaplain : For Chaplain of the Senate, $1,200.
Office of Secretary: Secretary of the Senate, including compensa
tion as disbursing officer of salaries of Senators and of the contingent
fund of the Senate, $0,500 ; hire of horse and wagon for the Secretary’s
office. $420 ; Assistant Secretary, Henry M. Rose, $5,000 ; Chief Clerk,
$ 3 ,2 5 0 ; financial clerk. $3,000 and $1,250 additional while the office Is
held by the present incumbent; minute and journal clerk, principal
clerk reading clerk, and enrolling clerk, at $3,000 each ; executive clerk,
and assistant financial clerk, at $2,750 each ; librarian, file clerk, chief
bookkeeper, assistant journal clerk. 2 clerks, printing clerk, and clerk
compiling a history of revenue bills, at $2,500 e a c h ; first assistant
librarian, $2,400 ; keeper of stationery. $2,400 ; compiler of Navy Year
book and Senate report on river and harbor bill. Woodbury Pulsifer,
$2,220 ; indexer for Senate public documents, and 2 clerks, at $2,220
each; 2 clerks, at $2,100 each; assistant librarian. $ 1 ,8 0 0 ; assistant
librarian, $ 1 ,6 0 0 ; skilled laborer. $ 1 ,2 0 0 ; clerk. $ 1 ,8 0 0 ; clerk, $ 1 ,6 0 0 ;
assistant keeper of stationery. $ 2 ,0 0 0 ; assistant in stationery room.
$ 1 ,2 0 0 ; messenger, $ 1 ,4 4 0 : assistant messenger, $ 1 ,2 0 0 ; 3 laborers, at
S840 each ; 3 laborers, at $720 e a c h ; laborer in stationery room, $720 ;
in all, $94,040.
Document room : Superintendent, George IT. Boyd, $ 3 .0 0 0 ; 2 assist
ants, at $2,250 e a c h ; assistant. $ 1 ,4 4 0 ; 2 clerks, at $1,440 e a c h ; skilled
laborer, $ 1 ,2 0 0 : in all, $13,020.
Clerks and messengers to com m ittees: Clerk to the Committee on
Additional Accommodations for the Library of Congress, $2,220, mes
senger, $ 1 ,4 4 0 : clerk to the Committee on Agriculture and Forestry,
$2,500, assistant clerk, $1,800. messenger. $ 1 ,4 4 0 ; clerk to the Com
mittee on Appropriations, $4,000, two assistant clerks, at $2,500 each,
two assistant clerks, at $1,440 each, messenger, $ 1 ,4 4 0 ; laborer, $ 7 2 0 ;
clerk to the Committee to Audit and Control the Contingent Expenses
of the Senate, 82,500, messenger. $1,440. messenger, $1,200 ; clerk to
the Committee on Canadian Relations, $2,220. messenger, $1,440, mes
senger, 81.200 ; clerk to the Committee on the Census, $2,220, assistant
clerk 81 200, messenger, $ 1 ,4 4 0 : clerk to the Committee on Civil
Service and Retrenchment. $2,220, messenger. $1,440, messenger,
$ 1 ,2 0 0 ; clerk to the Committee on Claims. $2.o00, assistant clerk,
$2,000, assistant clerk, $1,440. messenger. $ 1 ,2 0 0 ; clerk to the Com
mittee on Coast and Insular Survey, $2,220, messenger, $ 1 ,4 4 0 ; clerk
to the Committee on Coast Defenses, $2,220, assistant clerk, $1,440,
messenger, $ 1 ,2 0 0 : clerk to the Committee on Commerce, $2,.>00, as-
assistant clerk, 81,200, messenger, $ 1 ,4 4 0 ; clerk to the Committee on
Corporations Organized in the District of Columbia, $2,220, messenger,
$ 1 ,4 4 0 ; clerk to the Committee on Cuban Relations, $2,220, assistant
clerk. $1,440, messenger, $ 1 ,2 0 0 ; clerk to the Committee on Dis
position of Useless Papers in the Executive Departments, $2,220, mes
senger, $ 1 ,4 4 0 ; clerk to the Committee on ilie District of Columbia,
$2,500, assistant clerk. $1,800, messenger, $ 1 ,4 4 0 ; clerk to the Com
mittce on Education and Labor, $2,220, assistant clerk, $1,440, mes
senger, $ 1 ,2 0 0 : clerk to the Committee on Engrossed Bills, $2,220,
messenger, 81.440 : clerk to the Committee on Enrolled Bills, $2,220,
assistant clerk, $ 1 ,4 4 0 : clerk to the Committee to Examine the'
Several Branches of the Civil Service, 82,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee ou Expenditures in the Department of Agri
culture, $2,220. messenger, $ 1 ,4 4 0 : clerk to the Committee on E x
penditures in the Department of Commerce and Labor. $2,220, mes
senger, $1,440 ; clerk to the Committee on Expenditures in the Interior
Department, $2,220. messenger, $1,440, messenger. $1,200 ; clerk to the
Committee on Expenditures in the Department of Justice, $2,220, a s
sistant clerk. $1,440, messenger, $ 1 ,4 4 0 ; clerk to the Committee on
Expenditures in the Navy Department. $2,220. messenger, $1,440, mcssengcr 81 200 • clerk to the Committee on Expenditures in the Post
messenger, $1,440, messenger. $ 1 ,2 0 0 ; clerk and stenographer to the
Committee on Finance, $3,000, assistant clerk. $ _ ,— 0, assistant clerk,
$1,600, assistant clerk. 81,440. messenger,
^ e i’k ^ ^ ^ t h ^ Com
mittee on Fisheries, $2
clerk to the Committee
messenger, $ 1 ,4 4 0 : cler.. — —
..
„
$2,500, assistant clerk, $2,220, messenger, $ 1 ,4 4 0 ; clerk to the Com-
Prot retiod orf
$2,220,
tM -'-G W o g u M Survey,
to the Committee on Immigration
lessenger, $ 1 ,4 4 0 ; clerk to the ComjtanT /f i e r / , $1,440, messenger,
t [ianP^TIrt/edations, $2,220 mes'ommTttee on industrial Expositions,
$2,220,7 mdssen|er,’~ $ 1,440, messenger, $ 1 ,2 0 0 ; clerk to the Committee
on Interoceanic Canals, $2,220, assistant clerk, $1,440, messenger,
$1,200 ; clerk to the Committee on Interstate Commerce, $2,500, two
assistant clerks, at $1,S00 each, messenger, $1,440 ; clerk to the Com
mittee to Investigate Trespassers on Indian Lands, $2,220, messenger,
$1,440 ; clerk to the Committee on Irrigation and Reclamation of Arid
Lands, $2,220, messenger, $1,440, messenger, $ 1 ,2 0 0 ; clerk to the Com
mittee on the Judiciary, $2,500, assistant, clerk, $2,220, two assistant
clerks, at $1,800 each, messenger, $ 1 ,4 4 0 ; clerk to the Joint Com
mittee on the Library, $2,500, assistant clerk, $1,440, messenger,
$ 1 ,2 0 0 ; clerk to the Committee on Manufactures, $2,500, assistant
clerk, $1,440, messenger. $1,440 ; clerk to the Committee on Military
Affairs, $2,500, assistant clerk, $2,220, assistant clerk, $1,440, mes
senger, $1,200 : clerk to the Committee on Mines and Mining $2 220
Committee on Pacific Railroads, $2,220, messenger, $1,440 ; clerk to the
Committee on Patents, $2,220, messenger, $1,440, messenger $1 200 •
clerk to the Committee on Pensions, $2,500, assistant clerk, 8 i -8 00’
three assistant clerks, at $1,440 each, messenger, $ 1 ,4 4 0 ; clerk to the
Committee on the Philippines, $2,220, assistant clerk, $1,800, mes
senger, $ 1 ,4 4 0 ; clerk to the Committee on Post Offices and Post Roads
£9 50A tlirpp nssis+nnt vlprks. at 81.440 each, mossono-nr 81 u n • ,,I,,
Public Buildings and Grounds, $2,500, assistant clerk,
senger, $1,440 ; clerk to the Committee on Public Health
Quarantine, $2,220, assistant clerk, $1,440 : clerk to the
Public Lands, $2,500, assistant clerk, $1,800, assistant
$1,440, mes
and National
Committee on
clerk, $1,440,
Standards, Weights, and Measures, $2,220, messenger, $1,440 ; clerk to
the Committee on Territories, $2,220, assistant clerk, 81,440. mes
senger, $1,440 ; clerk to the Committee on Transportation and Sale of
M eat Products, $2,220, messenger, $1,440 ; clerk to the Committee ou
Transportation Routes to the Seaboard, $2,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee on the University of the United States, $2,22o!
messenger, $ 1 ,4 4 0 ; clerk to the Committee on W oman Suffrage, $2!220.
messenger, $ 1 ,4 4 0 ; in all, $370,940.
Office of Sergeant at Arms and Doorkeeper: Sergeant at Arms and
Doorkeeper, $ 6 ,5 0 0 ; horse and wagon for his use, $420, or so much
thereof as may be necessary; Assistant Sergeant at Arms, $ 2 .5 0 0 ;
assistant doorkeeper, $ 2 ,5 9 2 ; acting assistant doorkeeper, $ 2 ,5 9 2 ; 4
messengers, acting as assistant doorkeepers, at $1,800 e a c h ; 37 mes
sengers, at $1,440 e a c h ; 2 messengers on the floor of the Senate, at
$2,000 each ; messenger at card door, $ 1 ,6 0 0 ; clerk on Journal work for
Congressional Record, to be selected by the official reporters, $2,000 ;
storekeeper, $ 2 ,2 2 0 ; upholsterer aud locksmith, $1,440 ; cabinetmaker,
$ 1 ,2 0 0 : 3 carpenters, at $1,080 each; janitor, $ 1 ,2 0 0 ; 4 skilled'laborers,
at $1,000 e a c h ; skilled laborer, $ 9 0 0 ; laborer in charge of private
superintendent of press gallery. $ 1 ,8 0 0 ; assistant superintendent of
press gallery, $ 1 ,4 0 0 : laborer, $ 8 4 0 ; 27 laborers, at $720 e a c h ; 16
pages for the Senate Chamber, at the rate of $2.50 per day each during
the session. $4,800 ; in all, $132,604.
For the following for Senate Office Building under the Sergeant at
Arms, n am ely: Stenographer in charge of furniture accounts and
keeper of furniture records, $1,200 ; 2 messengers, at $1,440 each ; at
tendant in charge of bathing rooms, $ 1 ,8 0 0 ; 2 attendants in bathing
rooms, at $720 e a c h ; 3 attendants to women’s toilet rooms, at $720
e a c h ; janitor for bathing rooms, $ 7 2 0 ; 2 messengers acting as mail
carriers, at $1,200 each; and messenger for service to the press corre
spondents. $ 9 0 0 ; in all, $13,500.
For police force for Senate Office Building under the Sergeant at
Arms, na m ely: For 16 privates, at $1,050 each ; 1 special officer, $1,200
$18,000.
Post office: Postmaster, $ 2 ,2 5 0 ; chief clerk, $1,800 (deficiency act
July 21, 1911) ; 6 mail carriers and 1 wagon master, at $1,200 each ;
3 riding pages, at $912.50 eacli; in ail, $15,187.50.
Folding room : Assistant, $1,400 ; clerk, $1,200 ; foreman, $1,400 ; 6
folders, at $1,000 e a c h ; 8 folders, at $840 each ; in all, $16,720.
Under Superintendent of the Capitol Building and G rounds: Chief
engineer, $2,160 ; assistant engineer and electrician, $1,800 : 3 assistant
tendant for service in old library portion of the capitol, $ 1 ,5 0 0 ; in all,
$28,120.
For the following for the Senate Office Building, under the Superin
tendent of the Capitol Building and Grounds, subject to the control and
supervision of the Senate Committee on Rules, namely : 14 elevator con
ductors, at $1,200 each ; in all, $16,800.
Clems to Senators: For 35 annual clerks to Senators who are not
chairmen of committees, at $2,000 each, $70,000.
Stenographers to Senators: For 22 stenographers to Senators who
are not chairmen of committees, and 3 stenographers to the chairmen
of the 3 junior minority committees, at $1,200 each, $30,000
Contingent expenses, nam ely: For stationery for Senators m il th»
President of the Senate, including $6,000 for stationery for committees
and officers of the Senate, $18,125.
for carrying the mails, $6,000, or so much thereof as may be necessnrv,
For materials for folding, $2,000.
y'
For folding speeches and pamphlets, at a rate not exceedin': $1 per
thousand, $8,000.
11242
CONGRESSIONAL RECORD— SENATE
For fui'l anti advertising, exclusive of labor, $2,500.
For purchase of furniture, ’$8,500.
For materials for furniture ar.d repairs of same, exclusive of labor,
$3,000.
For services in cleaning, repairing, and varnishing furniture, $2,000.
For packing boxes. $970.
For miscellaneous items, exclusive of labor, $50,000.
For rent of warehouse for storage of public documents for the
Senate, $3,GOO, and authority is hereby given to use any part or all of
said sum for moving documents contained in said warehouse to build
ings owned by the Government.
For miscellaneous items on account of the Maltby Building, $17,280.
For expenses of inquiries and investigations ordered by the Senate,
including compensation to stenographers to committees, at such rate
as may bo fixed by the Committee to Audit and Control the Contingent
Kxpenses of the Senate, but not exceeding $1.25 per printed page,
$25,000.
For reporting the debates and proceedings of the Senate, $30,000,
payable in equal monthly installments.
To enable the Postmaster of the Senate to keep a constant supply of
postage stamps for sale to Senators, $200.
The library collected by the National Monetary Commission is hereby
made a part of the Library of Congress and is placed under the admin
istration of the Librarian of Congress, and the sum of $500, or so
much thereof as may be necessary, is hereby appropriated for the
purpose of moving the books and the present stacks and shelving to
the Library of Congress.
CAPITOL POLICE.
For captain, $ 1 ,8 0 0 ; 3 lieutenants, at $1,200 each, 2 special offi
cers, at $1,200 each; and G7 privates, at $1,050 each ; one-half of
said privates to be selected by the Sergeant at Arms Of the Senate
and one-half by the Sergeant at Arms of the House of Representatives;
in all, $78,150, one half to be disbursed by the Secretary of the Senate
and the other half to be disbursed by the Clerk of the House of Rep
resentatives.
For contingent expenses, $300, one half to be disbursed by the Sec
retary of the Senate and the other half to be disbursed by the Clerk
of the House of Representatives.
CONGRESSIONAL DIRECTORY.
For expenses of compiling, preparing, and indexing the Congressional
Directory, to be expended under the direction of the Joint Committee
on Printing, $1,600.
HOUSE OP REPRESENTATIVES.
For compensation of Members of the House of Representatives, Dele
gates from Territories, the Resident Commissioner from Porto Rico, and
the Resident Commissioners from the Philippine Islands, $3,099,500.
For mileage of Representatives and Delegates, and expenses of Resi
dent Commissioners, $154,000.
For compensation of the officers, clerks, messengers, and others in
the service of the House of Representatives, nam ely:
Office of the Speaker: Secretary to the Speaker, $ 4 ,0 0 0 ; clerk to
the Speaker’s table, $3,GOO, and for preparing Digest of the Rules,
$1,000 per annum ; clerk to the Speaker, $ 1 ,6 0 0 : messenger to the
Speaker, $1,440 ; messenger to the Speaker’s table, $1,200 (transferred
from Doorkeeper’s office) ; in all, $12,840.
Chaplain : For Chaplain of the House, $1,200.
Office of the C lerk: Clerk of the House of Representatives, in
cluding compensation as disbursing officer of the contingent fund,
$ 0 ,5 0 0 ; hire of horse and wagon for use of the Clerk’s office, $900,
or so much thereof as may be necessary; Chief Clerk, $ 4 ,5 0 0 ; iournal
clerk, and 2 reading clerks, at $4,000 each ; disbursing clerk, $3,400 ;
tally clerk, $ 3 ,3 0 0 ; file clerk, $ 3 ,2 5 0 ; enrolling clerk, $ 3 ,0 0 0 ; chief
bill clerk, $3,000 (House resolution May 9, 1911) ; assistant to Chief
Clerk, and assistant enrolling clerk, at $2,500 each ; assistant dis
bursing clerk, $2,400 ; stationery clerk. $ 2 ,2 0 0 ; librarian, $ 2 ,1 0 0 ; as
sistant file clerk, $1,900 ; 2 assistant librarians, and 1 clerk, at $1,800
each; 3 clerks, at $1,680 each; bookkeeper, and assistant in disburs
ing office, at $1,600 each ; 4 assistants to chief bill clerk, at $1,500
each (House resolution May 9, 1911) ; stenographer to Clerk, $ 1 ,4 0 0 ;
locksmith, who shall be skilled in his trade, $ 1 ,3 0 0 ; messenger in
Chief Clerk’s office, and assistant in stationery room, at $1,200 each;
messenger in file room, 1 messenger in disbursing office, and assistant
in House library, at $1,100 each; stenographer to chief bill clerk,
$1,000 (House resolution May 9, 1911) ; 3 telephone operators, at
$900 each; 3 telephone operators, at $75 per month each from De
cember 1, 1912, to March 31, 1 9 1 3 ; night telephone operator, $ 9 0 0 ;
for services of a substitute telephone operator when required, at $2.50
per day, $ 2 0 0 ; 2 laborers in the bathroom, at $900 each ; 2 laborers,
and page in enrolling room, at $720 each ; allowance to Chief Clerk for
stenographic and typewriter services, $ 1 ,0 0 0 ; in all, $92,150.
Under Superintendent of the Capitol Building and Grounds: Chief
engineer, $1,900 ; 3 assistant engineers, at $1,300 each ; 24 conductors
of elevators, including 14 for service in the House Office Building, at
$ 1,200 each, who shall be under the supervision and direction of the
Superintendent of the Capitol Building and Grounds; machinist, $ 1 ,3 0 0 ;
electrician, $ 1 ,2 0 0 ; 4 laborers, at $800 each; in all, $40,300.
Clerks, messengers, and janitors to committees : Clerk to the Com
mittee on Accounts, $2,500, assistant clerk, $1,800, janitor, $ 1 ,0 0 0 ; clerk
to the Committee on Agriculture, $2,500, assistant clerk, $1,800, jani
tor. $ 1,000 ; clerk to the Committee on Appropriations, $ 4 ,000, ’ and
$ 1,000 additional while the office is held bv the present incumbent,
assistant clerk and stenographer, $2,500, assistant clerk, $1,900, jani
tor. $ 1 ,0 0 0 ; clerk, to the Committee on Banking and Currency, $2,000,
assistant clerk, $1,200, janitor, $720 ; clerk to the Committee on the Cen
sus, $2,000, janitor. $720 ; clerk to the Committee on Claims, $2,500, as
sistant clerk, $1,200, janitor, $ 7 2 0 ; clerk to the Committee on Coinage,
Weights, and Measures, $2,000, janitor, $720 ; clerk to the Committee
on the District of Columbia, $2,500, assistant clerk, $1,800, janitor,
$ 7 2 0 : clerk to the Committee on Elections No. 1 . $2,000, janitor,
$ 1 ,0 0 0 ; clerk to the Committee on Elections No. 2, $2,000, janitor,
$ 7 2 0 ; clerk to the Committee on Elections No. 3, $2,000, janitor, $720 ;
clerk to the Committee on Enrolled Bills, $2,000, janitor, $ 7 2 0 ; clerk
to the Committee on Foreign Affairs, $2,500, assistant clerk, $1,800,
janitor, $720 ; clerk to the Committee on Immigration and Naturaliza
tion. $2,000. janitor, $720 ; clerk to the Committee on Indian Affairs,
$2,500, assistant clerk, $1,800, janitor, $720 ; clerk to the Committee
on Industrial Arts and Expositions, $2,000, janitor, $720 ; clerk to the
Committee on Insular Affairs, $2,000, janitor, $720 ; clerk to the Com
mittee on Interstate and Foreign Commerce, $2,500, additional clerk,
$2,000, assistant clerk, $1,500, janitor, $ 1 ,0 0 0 ; clerk to the Committee
on Irrigation of Arid Lands, $2,000, janitor, $720 ; clerk to the Com
mittee on Invalid Pensions, $2,500, stenographer, $2,190, assistant
A ugust 19^
clerk, $ 2 ,000, janitor, $ 1,000 ; clerk to the Committee on the Judiciary
$2,500, assistant clerk, $1,600, janitor, $720 ; clerk to the Committee nV
Labor, $2,000, janitor, $ 7 2 0 ; clerk to the Committee on the Librarv
$ 2 ,000, janitor, $ 7 2 0 ; clerk to the Committee on Merchant Marini
and Fisheries, $2,000, janitor, $ 7 2 0 ; clerk to the Committee on MiUia,;„
Affairs, $2,500, assistant clerk. $1,500, janitor, $ 1 ,0 0 0 ; clerk to tvA
Committee on Naval Affairs, $2,400, assistant clerk, $1,500, janitm
$1 000 ; clerk to the Committee on Patents, $2,000. janitor, $720 ; cW d
tr> the Committee on Pensions, $2,500, assistant clerk, $1,600, j a n i w
$720 ; clerk to the Committee on the Post Office and Post Roads, $2 r.ni’
5
assistant clerk, <u,n/u, jumior, ? i,u u u ; merit io rne Commitir,U _>
■k, $1,400, janitor, $ 1 ,0 00 clerk to the Committed
Printing, $2,000, janitor,^ $ 1 ,0 0 0 ; clerk to the Committee on p6 - ?.h
6
ja u n u i,
. -w , LiLin
U ic A.iminiu.iLL UAl m iv is iu il OX LilO T «
v>
$2,000, janitor, $ 7 2 0 ; clerk to the Committee on Rivers and lfn,5aws>
$2,500, assistant clerk, $1,800, janitor, $ 1 ,000 ; clerk to the ConnmuJ"s>
on Rules, $2,000, janitor, $720 ; clerk to the Committee on t U U U
tories, $ 2 ,000, janitor, $ 7 2 0 ; clerk to the Committee on W ar cini
$2,500, clerk, to continue Digest of Claims under resolution of Y r 1T
ls>
« S
7, 1888, $2,500, assistant clerk, $1,200, janitor, $ 7 2 0 ; clerk to iS s
Committee on W ays and Means, $3,000, assistant clerk and
rapher, $2,000, assistant clerk, $1,900, janitor, $1,000, janitor S
’
in all, $162,230.
> ?<20;
Janitors under the foregoing shall be appointed by the chairm
respectively, of said committees, and shall perform under the direct'611’
of the Doorkeeper all of the duties heretofore required of messengers's 11
tailed to said committees by the Doorkeeper, and shall be subject to Q
e'
moval by the Doorkeeper at any time after the termination of the inre'
gress during which they were appointed.
'
v °h'
For 9 clerks to committees, at $6 each per day during the kos*!
$6,480.
sl° ni
Office of Sergeant at Arms : Sergeant at Arms of the House of
resentatives, $6,500 ; Deputy Sergeant at Arms, $2,500 ; cashier, $3 U i 1
'
financial clerk, $ 2 ,7 0 0 : bookkeeper, $2,200 ; deputy sergeant at arm- * •
charge of pairs, $ 1 ,8 0 0 ; messenger, 8 1 ,4 0 0 ; skilled laborer, 8840^
stenographer and typewriter, $900 ; and for hire of horse and wagon
’
the office of the Sergeant at Arms, $600 ; in all, $22,840.
"
Ior
For police force House Office Building under the Sergeant at
nam ely: One lieutenant, $ 1 ,2 0 0 ; 10 privates, at $1,050 each; in
$11,700.
al,»
Office of Doorkeeper : Doorkeeper, $5,000 ; hire of horses and wagon
and repairs of same, $1,200, or so much thereof as may be necessarv^
special employee, John T. Chancey, $1,800 ; special employee, $1 500 •
superintendent of reporters’ gallery, $ 1 ,4 0 0 ; janitor, $ 1 ,5 0 0 ; 10 ’ meV
sengers, at $1,180 each ; 14 messengers on the soldiers’ roll, at $1 200
each; 15 laborers, at $720 each; laborer in the water-closet, $ 7 ‘)o.
laborer, $680 ; 2 laborers, known as cloakroom men, at $840 each"- $
laborers, known as cloakroom men, 2 at $720 each, and G at $G00 each female attendant in ladies’ retiring room, $800 ; superintendent of fold’
ing room. $ 2 ,5 0 0 ; 3 clerks, at $1,600 each ; foreman, $ 1 .8 0 0 ; mes'
senger, $ 1 ,2 0 0 ; janitor. $ 7 2 0 : laborer, $ 7 2 0 ; 32 folders, at $900 each2 drivers, at $840 each ; 2 chief pages, at $1,200 each ; messenger in
charge of telephones, $1,200 ; messenger in charge of telephones (for
the minority), $ 1 ,2 0 0 ; 46 pages, during the session, including 2 riding
pages, 4 telephone pages, press-gallery page, and 10 pages for duty
the entrances to the Hall of the House, at $2.50 per day each, $ 1 3,800;
superintendent of document room, $ 2 ,9 0 0 ; assistant superintendent
$2,100 ; clerk, $1,700 ; assistant clerk, $1,600 ; 7 assistants, at $1,280
each; assistant, $ 1 ,1 0 0 ; janitor, $ 9 2 0 ; messenger to press room, $1,000in all, $148,900.
For employment of Joel Grayson in document room, $2,150.
For the following minority employees authorized and named in the
resolution adopted by the House of Representatives April 10, 1911>
namely : Special employee, $1,800 ; special messenger and assistant pahclerk, $ 1 ,8 0 0 ; special messenger, $ 1 ,5 0 0 ; special chief page and pair
clerk, $ 1 ,8 0 0 ; in all, $6,900.
For the assistant department messenger authorized and named in
the resolution adopted by the House of Representatives December 7
1897, $2,000.
For the special messenger authorized and narr-.d in the resolution
adopted by the House of Representatives January 15, 1900, $1,500.
To continue employment and for compensation of the assistant fore
man of the folding room, authorized and named in the resolution
adopted bv the House of Representatives February 6 . 1900, at $3.85 neiday( $1,405.25.
1
To continue the employment of the person named in the resolution of
the House adopted .Tune 5, 1900, as a laborer, $840.
To continue the employment of the laborer authorized and named in
the resolution of the House adopted December 19, 1901, $840.
To continue the employment of the special messenger authorized and
named in the resolution of the House adopted April 10, 1911, $1,500.
Successors to any of the employees provided for in the seven preced
ing paragraphs may be named by the House of Representatives at any
time.
For clerk to the conference minority of the House of Representatives
$ 2 ,0 0 0 ; assistant clerk, $ 1 ,2 0 0 ; janitor, $ 1 ,0 0 0 ; in all, $4,200. Saici
clerk, assistant clerk, and janitor to be appointed by the chairman of
the conference minority.
Office of postm aster: Postmaster, $ 4 ,0 0 0 ; assistant postmaster
$2,200 ; registry and money-order clerk, $1,500 ; 12 messengers, includ
ing messenger to superintend transportation of mails, at $ 1,200 ea-h •
14 messengers, at $100 per month each from December 1 to March ill’
inclusive, 4 months, $5,600 ; and 1 laborer, $720 ; in all, $28,420.
’
For hire of horses and mail wagons for carrying the mails, $2,500, or
so much thereof as may be necessary.
Official reporters : 8 ix official reporters cf the proceedings and debateof the House, at $5,000 each ; assistant, $2,500 : in all, $32,500.
For janitor for rooms of official reporters of debates, at $60 per
month, $720.
Stenographers to committees : Four stenographers to committees at
$5,000 each ; in all, $20,000.
For janitor to rooms of stenographers to committees, at $G0 ner
month, $720.
That wherever the words “ during the session ” occur in the fore
going paragraphs they shall be construed to mean the 120 days from
December 2, 1912, to March 31. 1913, both inclusive.
Clerk hire, Members and Delegates : To pay each Member, Delegate
and Resident Commissioner for clerk hire necessarily employed by
him in the discharge of his official and representative duties,' $ 1,500
per annum, in monthly installments. $618,975, or so much thereof as
may be necessary; and Representatives and Delegates elect to Con
gress whose credentials in due form of law have been duly filed with
CONGRESSIONAL RECORD— SENATE.
1912
require apparatus and operators for radio communication on certain
ocean steamers ” : and to employ such persons and means as may be
necessary, $10,000.
■ Bureau of Immigration and Naturalization : Commissioner General of
Immigration, $ 5 ,0 0 0 ; Assistant Commissioner General, who shall also
act as chief clerk and actuary, $3,500 ; private secretary, $1,800 ; chief
statistician, $ 2 ,0 0 0 ; clerks— 3 of class 4, 5 of class 3, 6 of class 2, 8 of
class 1, 8 at $1,000 each, G at $900 each; 2 messengers; assistant mes
senger ; in all, $59,500.
For the purpose of carrying into effect the provisions of the act ap
proved June 29, 190G, entitled “ An act to establish a Bureau of Immi
gration and Naturalization, and to provide for a uniform rule for the
naturalization of aliens throughout the United States,” namely : Chief
of Division of Naturalization, $3,500 ; assistant chief of division, $3,000 ;
clerks— 4 of class 4, 6 of class 3, 8 of class 2, 11 of class 1, 8 a L $ l,0 0 0
each, 2 at $900 each : messenger; 2 assistant messengers; messenger
boy, $ 4 8 0 ; in all, $60,260.
For Division of Information established under section 40 of the act
api,roved February 20, 1 9 0 7 ,'entitled “ An act to regulate the immigra
tion of aliens into the United States,” nam ely: Chief of division,
$3,500 ; assistant chief of division, $2,500 ; clerks— 2 of class 4, 1 of
class 3, 2 of class 2, 3 of class 1, 1 at $ 9 0 0 ; messenger; in all, $19,340.
Bureau of Standards: Director, $ 6 ,0 0 0 ; chief physicist, $ 4 ,8 0 0 ;
physicist, qualified in optics, $3,600 ; 2 physicists at $3,600 e a c h ; asso
ciate physicists— 1 at $2,700, 3 at $2,500 each, 3 at $2,200 each, 5 at
$2,000 each ; assistant physicists— 7 at $1,800 each. 11 at $1,600 each,
14 at $1,400 e a c h ; chief chemist, $ 4 ,8 0 0 ; associate chemists— 1 at
$2,500, 1 at $2,200 ; assistant chemists— 2 at $1,800 each, 3 at $1,600
each, 2 at $1,400 each ; laboratory assistants— 15 at $1,200 each, 12
at $1,000 each, 11 at $900 each ; 8 laboratory helpers, at $720 e a c h ;
aids— 9 at $720 each, 6 at $600 e a c h ; laboratory apprentices— 6 at
$540 each, 6 at $480 each ; storekeeper, $1,000 ; librarian, $1,400 ; sec
retary, $ 2 ,2 0 0 ; clerks— 1 of class 4, 1 of class 3, 2 of class 2, 2 of
class 1, 4 at $1,000 each, 2 at $900 each 2 at $720 each ; telephone
operator, $720 ; messenger boys— 2 at $480 each, 3 at $360 each ; ele
vator boy, $360 ; chief mechanician, $1,800 ; mechanicians— 1 at $1,500,
1 at $1,400, 2 at $1,200 each, 3 at $1,000 each. 1 at $ 9 0 0 ; 3 watch
men ; skilled woodworkers— 1 at $1,000, 1 at $840 ; 5 skilled laborers,
at $720 each; draftsman, $ 1 ,2 0 0 ; packer and shipper, $ 8 4 0 ; messen
g e r; superintendent of mechanical plant, $ 2 ,5 0 0 ; assistant engineers—
2 at $1,200 each, 1 at $1,000. 1 at $ 9 0 0 ; 3 firemen; glass blower,
$1,400 ; electricians— 1 at $1,200, 1 at $900 : 4 laborers ; janitors— 2 at
$660 each, 1 at $ 6 0 0 ; 2 female laborers, at $360 e a c h ; in all, $239,940.
For apparatus, machinery, tools, and appliances used in connection
with the buildings or with the work of the bureau, laboratory supplies,
materials and supplies used in the construction of apparatus, ma
chinery, or other appliances, including their exchange; piping, wiring,
and construction incident to the installation of apparatus, machinery,
or appliances; furniture for laboratories and offices, cases for appara
tus $50,000.
For repairs and necessary alterations to buildings, $2,000.
For fuel for heat, light, and power ; office expenses, stationery, books
and periodicals (subscriptions to periodicals may be paid in advance) ;
traveling expenses; street-car tickets not exceeding $ 1 0 0 ; expenses of
the visiting com m ittee; expenses of attendance of American member at
the meeting of the International Committee of W eights and M easures;
ami contingencies of all kinds, $25,000.
For grading, construction of roads and walks, piping gfounds for
water supply, lamps, wiring for lighting purposes, and other expenses
incident to the improvement and care of grounds, $3,000.
For completing investigation of the effects of electric currents upon
gas and water pipes, and upon the reenforced foundations of buildings,
bridges, and other structures, and for determining methods of discov
ering and preventing the destructive effects of such currents, including
personal services in the District of Columbia and in the field, $10,000.
For the continuation of the investigation of the structural materials,
such as stone, clays, cement, etc., including personal services in the
District of Columbia and in the field, $75,000.
For the maintenance and operation of testing machines, including
personal services in connection therewith in the District of Columbia
and in the field, for the determination by the Bureau of Standards of
the physical constants and the properties of materials as authorized by
law, $30,000.
For the construction of a water current meter testing tank, $5,000.
Children’s Bureau : For the following as authorized by the act en
titled “ An act to establish in the Department of Commerce and Labor
a bureau to be known as the Children's Bureau,” approved April 9,
1912, n a m ely: Chief of bureau, $ 5 ,0 0 0 ; assistant chief of bureau,
$ 2 ,4 0 0 ; statistical expert, $ 2 ,0 0 0 ; private secretary to the chief of
bureau, $1,500 ; clerks— 2 of class 4, 2 of class 3, 1 of class 2, 1 of
class 1, 1 at $ 1 ,0 0 0 ; special agents— 1 at $1,400, 1 at $ 1 ,2 0 0 ; copyist;
m essenger; in all, $25,640.
Contingent expenses, Department of Commerce and Labor : For con
tingent and miscellaneous expenses of the offices and bureaus of the
department, for which appropriations for contingent and miscellaneous
expenses are not specifically made, including the purchase of profesional and scientific books, law books, books of reference, periodicals, blank
ooks, pamphlets, maps, newspapers (not exceeding $ 2 ,5 0 0 ), stationery,
furniture and repairs to the same, carpets, matting, oilcloth, file cases, tow
els, ice, brooms, soap, sponges, fuel, lighting and heating ; for the purchase,
exchange, and care of horses and vehicles, to be used only for official
purposes; freight and express charges, postage to foreign countries,
telegraph and telephone service, typewriters and adding machines, in
cluding their exchange; repairs to the building occupied by the offices
of the Secretary of Commerce and L ab or; storage of documents belong
ing to the Bureau of Lighthouses, not to exceed $1,500, and for storage
of documents belonging to the Bureau of Labor, not to exceed $750,
street car tickets not exceeding $ 3 0 0 ; and all other miscellaneous
Items and necessary expenses not included in the foregoing, $60,000,
and in addition thereto sums amounting to $66,500 shall be deducted
from other appropriations made for the fiscal year 1913, and added to
the appropriation “ Contingent expenses. Department of Commerce and
Labor,” in order to facilitate the purchase through the central pur
chasing office as provided in the act of June 17. 1910 (Stat. L., vol. 36,
p. 5 3 1 ), of certain supplies for bureaus and offices for which contingent
and miscellaneous appropriaCons are specifically made as fo llo w s:
General expenses, Lighthouse Service, $8,000 : stationery, Bureau of the
Census, $10,000 ; miscellaneous expenses, Bureau of the Census, $15,000 ;
books and periodicals, Bureau of the Census. $ 5 0 0 ; contingent expenses,
Steamboat-Inspection Service, $ 3 ,0 0 0 : contingent expenses, shipping
service, $ 5 0 0 ; instruments for measuring vessels and counting pas
sengers, $ 5 0 0 ; expenses of regulating immigration. $ 1 3 ,5 0 0 ; equipment,
Bureau of Standards, $ 1 ,0 0 0 ; general expenses, Bureau of Standards,
X LV III------ 7t)7
11253
$ 1 ,8 0 0 ; general expenses, Coast and Geodetic Survey, $ 4 ,2 0 0 ; miscel
laneous expenses, Bureau of Fisheries, $8,500 ; and the said total sum
of $126,500 shall be and constitute the appropriation for contingent
expenses, Department of Commerce and Labor, to be expended through
the central purchasing office (Division of Supplies), Department of
Commerce and Labor, and shall also be available for objects and pur
poses of the several appropriations mentioned under the title “ Con
tingent expenses, Department of Commerce and Labor,” in this act.
For rent of buildings and parts of buildings in the District of Colum
bia for the use of the Department of Commerce and Labor, $50,000.
JUDICIAL.
Supreme C o u rt: Chief Justice of the Supreme Court of the United
States, $ 1 5 ,0 0 0 ; 8 Associate Justices, at $14,500 each ; marshal. $1,500 ;
9 stenographic clerks, one for the Chief Justice and one for each A s
sociate Justice, at not exceeding $2,000 each ; in all, $153,500.
Circuit courts of ap p eals: Thirty-four circuit judges, at $7,000 e a c h ;
9 clerks of circuit courts of appeals, at $3,500 each ; messenger, to act
as librarian and crier, circuit court of appeals, eighth circuit, $3,000 ;
in all, $272,500.
No circuit judge shall hereafter be appointed until the whole number
of circuit judges shall be reduced to 29, and thereafter there shall not
be more than 29 circuit judges.
District cou rts: Ninety-three district judges, at $6,000 each, $558,000.
District court, Territory of Hawaii : Two judges, at $6,000 e a c h ;
clerk, $ 3 ,0 0 0 ; reporter, $ 1 ,2 0 0 ; $16,200.
Retired justices and ju d g e s: To pay the salaries of the United States
justices and judges retired under section 714 of the Revised Statutes,
so much as may be necessary for the fiscal year ending June 30, 1913, is
hereby appropriated.
Court of Appeals, District of Colum bia: Chief justice, $7,500 ; two
associate justices, at $7,000 each ; clerk, $3,250, and $250 additional
as custodian of the court of claims building; assistant or deputy
clerk, $2,250 ; reporter, $1,500 ; Provided, That the reports issued by
him shall not be sold for more than $5 per volume ; crier, who shall
also act as stenographer and typewriter in the clerk’s office
when not engaged in court room, $ 1 ,0 0 0 ; 3 messengers, at $720
each ; necessary expenditures in the conduct of the clerk’s office,
$1,000 ; 3 stenographers, 1 for the chief justice and 1 for each asso
ciate justice, at $1,200 e a c h ; in all $36,510, one-half of which shall be
paid from the revenues of the District of Colum bia: Provided, That
on and after July 1, 1912, the fees collected by the clerk of the Court
of Appeals, District of Columbia, shall be deposited in the Treasury,
one-half to the credit of the District of Columbia.
Supreme Court, District of Colum bia: Chief justice and 5 asso
ciate judges, at $6,000 each ; 6 stenographers, 1 for the chief justice
and 1 for each associate justice, at $906 e a c h ; in all, $41,400, onehalf of which shall be paid from the revenues of the District of Co
lumbia : Provided, That on and after July 1, 1912, the surplus fees col
lected by the clerk of the Supreme Court of the District of Columbia
shall be deposited in the Treasury, one-half to the credit of the District
of Columbia.
Commissioner, Yellowstone P a r k : Commissioner in Yellowstone Na
tional Park, $1,500. And the provisions of section 21 of the legislative,
executive, and judicial appropriation act approved May 28, 1896, shall
not be construed as impairing the right of said commissioner to receive
said salary as herein provided.
Books for judicial officers : For the purchase and rebinding of law
books of reference for United States judges, district attorneys, and other
judicial officers, including the nine libraries of the United States circuit
courts of appeals, to be expended under the direction of the Attorney
G eneral: Provided, That such books shall in all cases be transmitted to
their successors in office; all books purchased thereunder to be plainly
marked “ The property of the United States,” $16,000.
Court of Customs Appeals : Presiding judge and 4 associate judges,
at $7,000 each ; marshal, $8,000 ; clerk, $3,500 ; assistant clerk, $2,000 ;
5 stenographic clerks, at $1,600 e a c h ; stenographic reporter, $ 2 ,5 0 0 ;
and messenger, $840 ; in all, $54,840.
For rent of necessary quarters in Washington, D. C., and elsewhere,
$7,000 ; for necessary traveling expenses of members of the court and
clerk, $330 ; for book's, periodicals, and stationery, supplies, freight, tele
phone and telegraph, heat, light, and power service, drugs, chemicals,
and cleansers, furniture, and p rintin g; for pay of bailiffs and all other
necessary employees not otherwise specifically provided f o r ; and for
such other miscellaneous expenses as may be approved by the presiding
judge, $ 8 ,0 0 0 ; in all, $15,330.
Court of C laim s: Chief justice, $ 6 ,5 0 0 ; 4 judges, at $6,000 e a c h ;
chief clerk, $3,500 ; assistant clerk, $2,500 ; bailiff, $1,500 ; clerks— 1
at $ 1 ,6 0 0 ; 2 at $1,400 each; 3 at $1,200 each; stenographer, $ 1 ,2 0 0 ;
chief messenger, $ 1 ,0 0 0 ; 3 firemen ; 3 watchmen ; elevator conductor,
$ 7 2 0 ; 2 assistant messengers; 2 laborers; 2 charwomen; in all, $56,480.
For auditors and additional stenographers, when deemed necessary, in
the Court of Claims, and for a stenographer, at $1,600, for the chief
justice, to be disbursed under the direction of the court, $6,000.
For stationery, court library, repairs, including repairs to bicycles,
fuel, electric light, electric elevator, and other miscellaneous expenses.
$3,900.
For reporting the decisions of the court and superintending the print
ing of the forty-seventh volume of the reports of the Court of Claims
$1,000, to be paid on the order of- the court, notwithstanding section
1765 of the Revised Statutes or section 3 of the act of .Tune 20, 1874.
For pav of a custodian of the building occupied by the Court of
Claims, $500, to be paid on the order of the court, notwithstanding
section 1 (6 5 of the Revised Statutes or section 3 of the act of June
20. 1874.
S e c . 2. The pay of telephone-switchboard operators, assistant mes
sengers. firemen, watchmen, laborers, and charwomen provided for in
this act, except those employed in mints and assay offices, unless other
wise specially stated, shall be as fo llo w s: For telephone-switchboard
operators, assistant messengers, firemen, and watchmen, at the rate of
$720 per annum each ; for laborers, at the rate of $660 per annum
each ; assistant telephone-switchboard operators, at the rate of $600
each, and for charwomen, at the rate of $240 per annum each
*
¥ S e c . 3. That the appropriations herein made for the officers clerks
and persons employed in the public service shall not be available for
the compensation of any persons incapacitated otherwise than tem
porarily for performing such service : Provided, That no part of any
money appropriated in lump sum in this act shall be available for the
payment of personal services at a rate of compensation in excess of
that paid for the same or similar services during the fiscal year 1912 •
nor shall any person employed at a specific salary under-this act be
transferred during the fiscal year 1 9 1 3 and be paid from a lump-sum
11254
■
I
CONGRESSIONAL RECORD— SENATE,
appropriation a rate of compensation greater than such specific salary
and the heads of departments shall cause this provision to be enforced.
S ec . 4. The Civil Service Commission shall, subject to the approval
of the President, establish a system of efficiency ratings for the classi
fied service in the several executive departments in the District of
Columbia based upon records kept in each department and indepen
dent establishment with such frequency as to make them as nearly ns
possible records of fact. Such system shall provide-a minimum rating
of efficiency which must be attained by an employee before he may be
promoted; it shall also provide a rating below which no employee
may fall without being demoted ; it shall further provide for a rating
below which no employee may fall without being dismissed for ineffi
ciency. All promotions, demotions, or dismissals shall be governed by
provisions of the civil-service rules. Copies of all records of efficiency
shall be furnished by the departments and independent establishments
to the Civil Service Commission for record in accordance with the pro
visions of this section : Provided, That in the event of reductions being
made in the force in any of the executive departments no honorably
discharged soldier or sailor whose record in said department is rated
good shall be discharged or dropped or reduced in rank or salary.
Any person knowingly violating the provisions of this section shall
be summarily removed from office, and may also upon conviction Thereof
be punished by a fine of not more than $1,000, or by imprisonment for
not more than one year.
S ec 5
That any person violating section 4 of the legislative, ex
ecutive, and judicial appropriation act approved August 5, 1882 (Stat.
L., vol. 22, p. 2 5 5 ), shall be summarily removed from office, and may
also, upon conviction thereof, be punished by a fine of not more than
$1,000, or by imnrisonment for not more than one year.
S ec . 6. That in addition to the apportionment required by the socalled antideficiency act, approved February 27, 1006 (Stat. L.,
vol. 34, p. 4 0 ), the head of each executive department shall, on
or before the beginning of each fiscal year, apportion to each office
or bureau of his department the maximum amount to be expended there
for during the fiscal year out of the contingent fund or funds appro
priated for the entire year for the department, and the amounts so
apportioned shall not be increased or diminished during the year for
which made, except upon the written direction of the head of the de
partment, in which there shall be fully expressed his reasons therefor;
and hereafter there shall not be purchased out of any other fund any
article for use in any office or bureau of any executive department in
Washington, D. C., which could be purchased out of the appropriations
made for the regular contingent funds of such department or of its
offices or bureaus.
S ec . 7. That no money appropriated by this or any other act shall
be expended for telephone service installed in any private residence or
private apartment or for tolls or other charges for telephone service
from private residences or private apartments, except for long-distance
telephone tolls required strictly for the public business, and so shown
by vouchers duly sworn to and approved by the head of the depart
ment, division, bureau, or office in which the official using such tele
phone or incurring the expense of such tolls shall be employed.
S ec. 8. That no money appropriated by this or any other act shall be
used after the 1st day of October, 1912, for services in any executive
department or other Government establishment
at Washington,
D. C., in the work of addressing, wrapping, mailing, or otherwise
dispatching any publication for public distribution, except maps,
weather reports, and weather cards issued by an executive department
or other Government establishment at Washington, D. C., or for the
purchase of material or supplies to be used in such w ork ; and on
and after October 1, 1912, it shall be the duty of the Public Printer lo
perform such work at the Government Printing Office. Prior to Octo
ber 1, 1912, each executive department and other Government estab
lishment at Washington, D. C., shall transfer to the Public Printer such
machines, equipment, and materials as are used in addressing, wrapping,
mailing, or otherwise dispatching publications; and each head of such
executive department and other Government establishment, at Washing
ton, IX C., shall furnish, from time to time, to the Public Printer, mail
ing lists, in convenient form, and changes therein, or franked slips, for
use in the public distribution of publications issued by such department,
or establishment; and the Public Printer shall furnish copies of any pub
lication only in accordance with the provisions of law or the instruction
of the head of the department or establishment issuing the publication.
The employment of all persons in the several executive departments and
other Government establishments at Washington, D. C., wholly in con
nection with the duties herein transferred to the Public Printer, or
whose services can be dispensed with or devolved upon another because
of such transfer, shall cease and determine on or before the 1st day
of October, 1912, and their salaries or compensation shall lapse for
the remainder of the fiscal year 1913 and be covered into the Treasury.
A detailed statement of all machines, equipment, and material trans
ferred to the Government Printing Office by operation of this provision
and of all employments discontinued shall be submitted to Congress at
its next session by the head of each executive department and other
Government establishments at Washington, D. C., in the annual esti
mates of appropriations : Provided, That nothing in this section shall
be construed as applying to orders, instructions, directions, notices, or
circulars of information, printed for and issued by any of the executive
departments or other Government establishments, or to the distribution
of public documents by Senators or Members of the House of Repre
sentatives, or to the folding rooms and documents rooms of the Senate
or House of Representatives.
S ec . 9. That the Commerce Court created and established by the act
entitled “ An act to create a Commerce Court and to amend the act
entitled ‘An act to regulate commerce,’ approved February 4, 1887, as
heretofore amended and for other purposes,” approved June 18, 1910,
be, and thq same hereby is, abolished and the jurisdiction vested in said
Commerce Court by said act is hereby transferred to and vested in the
several district courts of the United States.
All cases pending and undisposed of in said Commerce Court are
hereby transferred to and shall be deemed pending in the district court
of ar.v of the judicial districts within which the original cause of
action brought before the Interstate Commerce Commission arose, such
district to be designated by the complainant; and the venue of all
suits and proceedings hereafter brought to enforce, set aside, annul, or
modify any order of the Interstate Commerce Commission shall be in
any of (he judicial districts within which the original cause of action
brought before the commission arose.
The venue in suits brought to enforce an order for the payment of
money shall be in the district court of the judicial district in which
the complainant resides. The procedure in the district court in respect
to cases of which jurisdiction is conferred upon them by this act shall
A ugust 19
be the same as that heretofore prevailing in the said Commerce
and the right of appeal from the district courts in such cases shnii
the same as the right of appeal heretofore prevailing under exist)be
law from the Commerce Court. No interlocutorv injunction susnenu- g
or restraining the enforcement, operation, or execution of anv m- i a
made or entered by the Interstate Commerce Commission shall be is- £
or granted by any justice of the Supreme Court, or bv any d is t w 3
court of the United States, or by any judge thereof, or by any cii-Jjudge acting as district judge, unless the application for the same m n
be presented to a justice of the Supreme Court of the United St» +
or to a circuit or district judge, and shall be heard and determine]
three judges, of whom at least one shall be a justice of the Sum-o by
Court, or a circuit judge, and the other two may be either circuit 6
district judges, and unless a majority of said three judges shall con ° r
in grauting such application. When such application as aforesain V
presented to a justice of the Supreme Court, or to a judge, he kk l?
immediately call to his assistance to hear and determine the a’pplic-it- ‘
two other judges: Provided, however, That one of such three l n d n
shall be a justice of the Supreme Court, oT a circuit judge. Saidarmn8
cation shall Dot be heard or determined before at least five days’ noh '
of the hearing has been given to the Interstate Commerce Commissi C
e
to-the Attorney General of the United States, and to such other persn ’
as may be defendants in the s u it: Provided, That if of opinion that i 8
reparable loss or damage would result to the complainant unless a* tom'
porary restraining order is granted, any justice of the Supreme Couiv'
or any circuit or district judge, may grant such temporary restrainin’’
order at any time before such hearing and determination of the anrW
cation for an interlocutory injunction, but such temporary restrainin'
order shall remain in force only until the hearing and determinatin’
of the application for an interlocutory injunction upon notice as aforn
said. The hearing upon such application for an interlocutory injuno
tion shall be given precedence, and shall be in every way expedited anu
be assigned for a hearing at the earliest practicable day after the ex
piration of the notice hereinbefore provided for. An appeal may
taken direct to the Supreme Court of the United States from the order
granting or denying, after notice and hearing, an interlocutory injunrtion in such case ; and upon the final hearing of any suit brought to
annul, enjoin, or restrain any order of said commission the same re
quirement as to judges and the same procedure as to appeal shall an"
ply. The provisions of this section shall also apply to the issuing and
granting of interlocutory injunctions suspending or restraining the
enforcement, operation, or execution of orders made by any administra
tive board or commission created by and acting under the statute of a
State. That in such case the notice required shall be served upon the
defendants in the case, and upon the attorney general of the State
All cases pending in the Commerce Court at the date of the passage
of this act shall be transferred forthwith to said district courts. Rach
of said cases and all the l-eeords, papers, and proceedings shall be trans
ferred to the district court wherein it might have been filed at the
time it was filed in the Commerce Court if this act had then been iQ
effect, and if it might have been filed in any one of two or more dis
trict courts it shall be transferred to (hat one of said district courts
which may be designated by the petitioner or petitioners in said case
or, upon failure of said petitioners to act in the premises within 10 days
after the passage of this act, to such one of said district courts as
may be designated by the judges of the Commerce Court. The judges
of the Commerce Court shall have authority, and are hereby directed,
to make any and all orders and to take any other action necessary to
transfer as aforesaid the cases and all the records, papers, and proceed
ings then pending in the Commerce Court to said district courts.
S ec . 10. That until otherwise provided by law, the regular annual
estimates of appropriations for expenses of the Government of the
United States shall be prepared and submitted to Congress, by those
charged with the duty of such p r e p a r a t i o n . - . n i r }n the
form and at the time now required w ~ruw , ana in no otner"v
¥orm and
at no other time.
S ec . 11, ThfiT all laws or parts of laws inconsistent with this actare JOpeaTed.
The PRESIDENT pro tempore. The question is on agreein"
to the amendment submitted by the Senator from North Caro^
Iina to the amendment of the Committee on Appropriations.
Mr. CLAPP. On that I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. THORNTON. Mr. President. I voted against the aboli
tion of the Commerce Court when the question was before the
Senate heretofore for the reason that I believed the court
served a most valuable public service in facilitating the dispo
sition of cases that came from the Interstate Commerce Com
mission. I see no reason to change my opinion, and therefore
I shall vote against the amendment offered by the Senator from
North Carolina.
The Secretary proceeded to call the roll.
Mr. McCUMBEIt (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P e rcy ]. I transfer it to the senior Senator from Massachusetts
[Mr. L odge I and will vote. I vote “ nay.”
Mr. STONE (when his name was called). I have a pair with
the Senator from Wyoming [Mr. C l a r k ] , which I transfer to
the junior Senator from Arkansas [Mr. D a v i s ] and will vote.
I vote “ yea.”
The roll call was concluded.
Mr. LIPPITT. I have a pair with the Senator from Ten
nessee [Mr. L e a ], which I transfer to the senior Senator from
South Dakota [Mr. G a m bl e ] and will vote. I vote “ nay.”
Mr. CULBERSON. I transfer my general pair with the
Senator from Delaware [M r. dtj P o n t ] to the Senator from
Nebraska [Mr. H itc h c o c k ] and will vote. I vote “ yea.”
Mr. MARTINE of New Jersey. I desire to announce that my
colleague [Mr. B riggs ] is paired with the Senator from West
Virginia [Mr. W a t so n ].
CONGRESSIONAL RECORD— SENATE.
1912.
Mr. WILLIAMS (after having voted in the affirmative). Forgetting for the moment my pair, I inadvertently voted. I am
paired with the Senator from Pennsylvania [Mr. P enrose ], I
transfer the pair to the Senator from Maine [Mr. G ardner ] and
will allow my vote to stand.
Mr. SHIVELY. I w ish to announce the necessary absence of
my colleagu e [Mr. K e r n ],
Mr. POMERENE. The Senator from Maine [Mr. J o h n s o n ]
is necessarily absent, and I have been requested to announce his
pair with my colleague, the senior Senator from Ohio [Mr.
B u r t o n ].
Mr. SMOOT. I desire to announce the absence from the city
of my colleague [Mr. S u t h e r l a n d ]. He has a general pair with
the senior Senator from Maryland [Mr. R a y n e r ], If my col
league were here, he would vote “ nay.” I wish this announce
ment to stand for the day.
Mr. LODGE. I understand that during my necessary absence
I was paired with the Senator from Mississippi [Mr. P e rcy ].
I transfer the pair to the Senator from Tennessee [Mr. S an d ers ]
and will vote. I vote “ nay.”
Mr. CURTIS. I wish to announce that the Senator from
Connecticut [Mr. B randegee ] is paired with the Senator from
New York [Mr. O ’ G o r m a n ] ; that the Senator from New Jersey
[Mr. B riggs ] is paired with the Senator from West Virginia
[Mr. W a t s o n ] ; that the Senator from Nebraska [Mr. B r o w n ]
is paired with the Senator from Oklahoma [Mr. O w e n ] ; that
the Senator from Ohio [Mr. B urton ] is paired with the Sen
ator from Maine [Mr. J o h n s o n ] ; that the Senator from Mon
tana [Mr. D ix o n ] is paired with the Senator from Texas [Mr.
B a il e y ] ; that the Senator from Colorado [Mr. G u g g e n h e im ]
is paired with the Senator from Kentucky [Mr. P a y n t e r ] ;
that the Senator from Pennsylvania [Mr. P enrose ] is paired
with the Senator from Mississippi [Mr. W il l i a m s ] ; that the
Senator from Delaware [Mr. R ich a r d so n ] is paired with the
Senator from South Carolina [Mr. S m i t h ] ; that the.Senator
from New York [Mr. R oot] is paired jvith the Senator from
Indiana [Mr. K ern] ; that the Senator
Mfisconsin [Mr.
S t e p h e n so n ] is pairotLwRh the Senator from J ^ a h o m a [Mr.
G ore ] ; that the ’J'^nator from Utah [Mr. S u t h e r l a n d } is paired
with the ^efiator from Maryland [Mr. R a y n e r ].
T h e ^ s u lt was announced—yeas 35, nays 23, as follow s:
Ashurst
Bacon
Bankhead
Borah
Bourne
Bristow
Bryan
Chamberlain
Chilton
Burnham
Catron
Crane
Cullom
Curtis
Dillingham
Bailey
Bradley
Brandegee
Briggs
Brown
Burton
Clark, W yo.
Clarke, Ark.
Davis
Y E A S -35.
Clapp
Martine, N. J.
Massey
Crawford
Myers
Culberson
Cummins
Nelson
Fall
Newlands
Fletcher
Overman
Poindexter
Heyburn
Johnston, Ala.
Pomerene
La Follettc
Reed
N A Y S — 23.
Gallinger
Martin, Va.
Jones
Oliver
Page
Lippitt
Perkins
Lodge
Smith. Md.
McCumber
Smith, Mich.
McLean
NOT V O TIN G — 36.
Johnson, Me.
Dixon
Kenyon
du Pont
Kern
Foster
Lea
Gamble
O’Gorman
Gardner
Owen
Gore
Paynter
Gronna
Guggenheim
Penrose
Hitchcock
Percy
Shively
Simmons
Smith, Ariz.
Stone
Swanson
Tillman
W illiam s
Works
\
%
Smoot
Thornton
Townsend
Warren
Wetmore
Rayner
Richardson
Root
Sanders
Smith, Ga.
Smith, S. C.
Stephenson
Sutherland
W atson
So Mr. O v e r m a n ’ s amendment to the amendment was
^agreed to.
\ T h e amendment as amended was agreed to.
WARREN. The aniciulimn^.uayrfg the entire matter to
be incTftrhaR , o that Urn, bid' rrrrfy be put on its passage.
^
The bill was^Tilf)1 rted to the Senate as amended, and the
o
amendment was concurred in.
The amendment was ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
t h e presiden tial term .
Mr. CUMMINS. Mr. President, I now ask the Senate to
resume the consideration of the unfinished business.
The Senate, as in Committee of the Whole, resumed the con
sideration of the joint resolution (S. J. Res. 78) proposing an
amendment to the Constitution of the United States.
Mr. CLAPP. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from Minnesota?
Mr. CUMMINS. I yield.
11255
Mr. CLAPP. I will ask the Senator from Iowa if he would
be willing to temporarily lay aside the unfinished business for
the consideration of the bill relating to bills of lading?
Mr. CUMMINS. No, Mr. President; I do not feel that I can
do that. I hope we can speedily reach a vote upon the joint
resolution.
As it is printed there is a grammatical error in the amend
ment proposed by the committee which I desire to correct. On
page 2, line 9, there is what is known as a divided infinitive,
and I ask that'the word “ again” and the word “ h old ” bo
transposed, so that the line will read, “ shall be eligible to hold
again the office by election.”
The PRESIDENT pro tempore. The amendment will be
stated.
The S ecretary'. On page 2, line 9, in the committee amend
ment transpose the words “ again ” and “ hold,” so as to read:
Shall be eligible to hold again the office by election.
The amendment to the amendment was agreed to.
Mr. CUMMINS. Mr. President, the Constitution of the coun
try, Article II, section 1, is as follows:
S e c t i o n 1. The executive power shall be vested in a President of
the United States of America. He shall hold his office during the
term of four years, and together with the Vice President, chosen for
the same term, be elected as follows—
I need not read further at this point, because the proposed
amendment concerns only the paragraph I have read.
In order, however, fully to understand its scope, I read an
other paragraph from Article I I :
In case of the removal of the President from office, or of his death,
resignation, or inability to discharge the powers and duties of the
said office, the same shall devolve on the Vice President, and the Con
gress may by law provide for the case of removal, death, resignation,
or inability, both of the President and Vice President, declaring what
officer shall then act as President, and such officer shall act accord
ingly, until the disability be removed, or a President shall be elected.
It is known to all Senators that Congress has provided that
in the event of the death, disability, removal, or resignation of
both the President and the Vice President the succession shall
be through the officers ordinarily known as Cabinet officers,
beginning with the Secretary of State.
I now ask the Senate to listen to the reading of the pro
posed amendment.
The executive power shall be vested in a President of the United
States of America. The term of the office of President shall be. six
y e a rs ; and no person who has held the office by election, or discharged
Its powers or duties, or acted as President under the Constitution
and laws made in pursuance thereof shall be eligible to hold again
the office by election.
The President, together with the Vice President chosen for the same
term, shall be elected as follows :
The effect of the amendment is to render ineligible for elec
tion to the office of President any person who has theretofore
held the office, speaking broadly, whether by election, whether
by succession as Vice President, or whether by succession under
the act o f Congress.
It involves a question which has been under debate for 125
years. It began in the Constitutional Convention of 1787 and
has continued until the present time.
I do not intend upon this occasion to review the debate from
the historical standpoint. I refrain from doing it for two
reasons. First, I desire to be brief, for I can not think that
at this time in the session it is appropriate to consume much
time in the discussion of a question which has been well known
to the American people during the whole period of our existence
as a Republic.
My second reason is the more important one. I do not
review the opinions of the men of former times in regard to
this subject because, as much as I venerate the memories of
the statesmanship of the earlier days, I do not attach great value
to their opinions upon the subject. The people of the country
have changed; the Government of the country lias in a large
measure changed; the influences surrounding a President of the
United States have changed. The problems with which both
the President and Congress are compelled to deal have changed.
The duties and the responsibilities o f a President have been
marvelously transformed. We are living in a new age. I value
the trained judgment of the men who now compose the Congress
of the United States, taught by their observation, broadened by
their experience, far more than I value the opinions of men
however wise, who lived under different conditions, and who
looked at the Government from a standpoint which we can not
occupy.
I would as soon consult the great patriots, the thinkers, and
statesmen of the earlier days with respect to the regulation
of railways, the control of corporations, the restriction of indi
vidual wealth, as I would with regard to the propriety of
confining a President to one term. It is for us looking to the
11256
CONGRESSIONAL RECORD— SENATE
welfare of tlie people whom we serve, enlightened by all that
has happened during the history of our country, to say whether
we believe that the public good would be better attained
through the limitation proposed in this joint resolution than
through the custom which now prevails.
The President of the United States has more power than any
other man in the world. I believe the statement I have just
made will not be contradicted. I am sure that it can not suc
cessfully be overthrown. His general commission under the
Constitution is to execute the laws made by Congress, inter
preted by our courts. He appoints all the judges of the United
States. Directly or indirectly he appoints, promotes, and de
motes the nearly 400,000 men and women, exclusive of our
military service, who are necessary to the maintenance and
operation of our governmental functions. He is Commander in
Chief of the Army and Navy and directs the movements of
both. He appoints all the chief officers of the Army and the
Navy without any limitation in law. Pie is the representative
of the people of the country in their relations with foreign
nations. Pie is always the chief figure *of the Government and
generally the leader o f the political party to which he belongs.
It is manifest that in the discharge of these high, compre
hensive duties and in the exercise of this vast power he should
have an eye single to the general good. So far, I am sure, I am
in accord with every thoughtful and patriotic man. He should
exercise this power uninfluenced by fear or by favor. He
should be as free from the temptations of ambition as he
should be free from the coercion of influences that always
surround one invested with great power.
We will assume that a President of the United States when
he enters upon his office has been selected by reason of his
great qualities, by reason of his unusual capacity, by reason of
his recognized intelligence, by reason of his known devotion to
the public welfare.
Mr. POMERENE. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from Ohio?
Mr. CUMMINS. I do.
Mr. POMERENE. The amendment as proposed extends the
terms for a period of six years. Am I right in assuming that
if the amendment should be adopted at some period during
the ensuing term—that is, the term after March 4—the amend
ment would not extend that particular term of office to six
years?
Mr. CUMMINS. I think the Senator is right In so assuming.
Mr. POMERENE. That was the construction I placed upon
it, but I confess that it is open to some little doubt.
Mr. CUMMINS. I think when the Senator looks at it care
fully he will find there is no real doubt with regard to the
construction of the joint resolution in that respect. It would
not extend the term of the incumbent.
Mr. POMERENE. So it would apply only to an election after
the amendment had gone into effect and not to the term of
office at the time it was adopted?
Mr. CUMMINS. The Senator is quite right.
I have described in a very meager way the man who ought to
be elected President of the United States, and I am very glad
to say that the history of the American people furnishes us
many instances in which such men have been elected to the
high office. We will all agree, therefore, that this man, so
equipped and so invested with this power, ought to be as free
as possible from all the influences that would tend to divert him
or withdraw him from the path of duty. He ought to be as
free as men in a world like ours can be to discharge his duty,
having no other thought save to faithfully and impartially
execute the laws of the land and to thus advance the general
interest.
He enters the office, we will assume, with these high ideals
and these noble purposes. Instantly he begins to think—I use
the word “ instantly ” in a comparative sense—of the time
when he must he renominated and reelected. At once he
begins to wonder whether the American people will by renomi
nating him and reelecting him approve what he is doing or
whether by refusing a renomination and a reelection they will
disapprove what he has done.
Mr. CRAWFORD. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from South Dakota?
Mr. CUMMINS. I do.
Mr. CRAWFORD. May I ask the Senator from Iowa whether
he thinks the fact that the President does realize that what he
does must meet with the approval of the American people or
meet with their disapproval is a bad influence hanging over
him? On the other hand, is it not one of the strongest infiu-
A ugust 19,
ences that can exist to give him a high purpose so his conduct
may meet the approval of his fellow citizens?
Mr. CUMMINS. As is usual in every debate here, I have
been asked to go forward to a part of my argument which X
have not yet reached. The Senator from South Dakota must
have realized that I intended to say something with regard to
that phase of the subject before I finish, and I will deal with it
as frankly and as candidly as it is possible to do.
I answer the question of the Senator from South Dakota at
once by saying that the desire for the approval of good men
is a motive for upright conduct. No oue cau question that con
clusion.
But, Mr. President, I am not prepared to say that it is the
most powerful or pervasive influence that can surround an oc
cupant of the office of President of the United States, nop
that it is the influence that always commands the conduct of
a President or any other official of this or any other country.
As I was remarking, it i« the most natural thing in the
world that the moment the President is embarked upon his
office he begins to think of the future. He begins to plan
for reinstallation in the same office at the end of the term which
he is serving. I am not criticizing anybody for so thinking
It is just as inevitable as it is to breathe. We can not divest
ourselves of these natural impulses, and, therefore, the very
best man in the world is susceptible to the influence I have
just suggested.
He begins to make his appointments. Do you think that it
is possible for any President of the United States, I care not
how men may have idealized him, I care not how upright his
instinctive purposes are, to keep his eye single upon the public
welfare in the selection of men who are to cooperate with him
in the maintenance of the Government and forget his ambitions?
Mr. BORAH. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from Idaho?
Mr. CUMMINS. I yield.
Mr. BORAH. I f we are to assume that the basis of correct
conduct of this country is in accordance with the consensus of
opinion of 90,000,000 people, then the thing which he ought to
do is to keep his mind attentive upon the thoughts and views
of that 90,000,000 people in order to know that he is serving
the public.
Mr. CUMMINS. Undoubtedly, Mr. President. The Senator
from Idaho has stated a fundamental proposition. That is
the very thing that we desire to accomplish. We want him
free from every disturbing interest and every diverting am
bition so that ihe may look upon the good of these 90,000,000
people and look upon nothing else. We do not want him to
be recalling to his mind the convention that comes near the
end of his first term. We do not want him to he considering
how he may secure delegates to that convention. We do not
want him to be remembering how efficient a postmaster may
be, or a marshal may be, or any other officer necessary to
carry on the operations of the Government may be. We want
him to remember just one thing, and that is that he has the
laws of this country to execute, that they are made, or ought
to be made, for the welfare and the benefit of all the people
without any undue benefit or advantage to any one -of them!
It is not for him to usurp the power or the jurisdiction of
Congress. It is for him to take the laws which Congress lias
made and the Constitution which the people have made and
with them protect and defend all the people of the United
States without any discrimination whatsoever; and what we
desire I am sure is to so change our Constitution that the
President may be turned aside in the least' possible degree
from this high performance of his duty.
Mr. CLAPP. Mr. President-----The PRESIDING OFFICER (Mr. L a F ole e tt e in the chair).
Does the Senator from Iowa yield to the Senator from Min
nesota ?
Mr. CUMMINS. I do.
Mr. CLAPP. The Senator from Iowa recognizes, I take it,
that there is as a part of our condition now a force that is prone
to secure policies that are adverse to the best interests of the
entire public.
Mr. CUMMINS. I think that there are such influences sur
rounding all men.
Mr. CLAPP. If it is true that a man in that office can not
keep his eye off from the advantage that comes to him from
the influence of his power in the matter of again meeting the
approval of the people, and it is necessary to withdraw his
vision from that line of advantage to himself by making a pro
hibition against his again asking the approval of the people, is
he not of that character, of that make-up, that without any ’in
1912.
CONGRESSIONAL RECORD— SENATE
greatest profit to themselves are not Presidents of the United
States but Members of the Senate.
* Let the President make appointments of marshals and reve
nue collectors and different officers in the State of one of those
Senators, without advising with Senators, and then ask the
Senate to confirm the nomination, and he is in a hornets’ nest
immediately. Plead guilty on both sides of this Chamber.
Why ? Because Members o f the Senate want to exercise power
in regard to that patronage, for their own purposes; and yet
we, as Senators, propose to remain here during six years, and
to get reelected as often as we can, and to hold office in this
body all our lives, if we can. while claiming that the public
welfare demands that the President of the United States, who
uses this patronage in nine cases out of ten for the purpose of
assisting the Members of this body or o f the other body rather
than himself, shall be ineligible to remain in office more than
four years or six years.
To my mind it is ludicrous when you look at the real facts
in relation to it. I undertake to say that so far as concerns
Presidents of the United States, when it comes to the real
question whether or not they shall receive the approval of the
American people for reelection, patronage has been a curse to
them rather than a help. It has been a leaden weight which
has taken them down to defeat more often than it has been
the means of lifting them to successful results.
The PRESIDENT pro tempore. Will the Senator from
South Dakota suspend for a moment in order that the Senate
may receive a message from the House of Representatives?
Mr. CRAWFORD. Certainly.
MESSAGE FROM THE HOUSE.
11443
H. R. 24224. An act to amend sections 5, 11, and 25 of an act
entitled “An act to amend and consolidate the acts respecting
copyrights,” approved March 4, 1909;
H. R. 24565. An act making appropriations for the naval serv
ice for the fiscal year ending June 30, 1913, and for other pur
poses ;
II. R. 26099. An act authorizing the towns of Ball Bluff,
Libbey, and Cornish, in the county of Aitken, Minn., to con
struct a bridge across the Mississippi River in Aitken County,
M inn.;
II. It. 26235. An act to authorize the city of Chicago to con
struct a bridge across the Little Calumet River at Indiana
Avenue, in said city; and
H. It. 26236. An act conferring upon the Lawton Railway &
Lighting Co. the privileges, rights, and conditions heretofore
granted the Lawton & Fort Sill Electric Co. to construct a rail
road across certain lands in Comanche County, Okla.
LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL.
The PRESIDENT pro tempore. The Chair lays before the
Senate a message from the House of Representatives, which
will be read.
The Secretary read as follow s:
I n t h e H o u se of R e p r e s e n t a t i v e s ,
August 21, 1912.
The President of the United States having returned to the House
of Representatives, in which it originated, the bill (H . R. 26321)
making appropriations for the legislative, executive, and judicial ex
penses of the Government for the fiscal .year ending June 30, 1913, and
for other purposes, with his objections thereto, the House proceeded in
pursuance of the Constitution to reconsider the same ; and
R e s o l v e d , That the said bill pass, two-thirds of the House of Repre
sentatives agreeing to pass the same.
Together with said bill is
transmitted to the Senate the objections of the President thereto.
A message from the House of Representatives, by J. C. South,
its Chief Clerk, announced that the President of the United
Mr. WARREN. Mr. President, the matter before the Senate
States having returned to the House of Representatives, in
which it originated, the bill (H. It. 26321) making appropria which has just come from the House is, of course, important
tions for the legislative, executive, and judicial expenses of the and should be considered without delay. I suggest the absence
Government for the fiscal year ending June 30, 1913, and for of a quorum.
The PRESIDENT pro tempore. The absence of a quorum is
other purposes, with his objections thereto, the House had pro
ceeded, in pursuance of the Constitution, to reconsider the suggested. The roll will be called.
The Secretary called the roll, and the following Senators
same and had passed the bill by a two-thirds vote, the ob
jections of the President to the contrary notwithstanding.
answered to their names:
The message also announced that the Speaker of the House Ashurst
Cummins
Myers
Smith, Md.
had signed the following enrolled bills, and they were there Bradley
Nelson
Dillingham
Smith. S. C.
Newlands
du Pont
Smoot
Brandegee
upon signed by the President pro tempore:
Oliver
Fletcher
Stone
S. 3045. An act to provide for agricultural entries on oil and Briggs
Gallinger
Overman
Swanson
Bristow
gas lands;
Guggenheim
Page
Thornton
Bryan
Perkins
Heyburn
Tillman
S. 4301. An act authorizing the Secretary of War to lease to Burnham
Pomerene
Johnston, Ala.
Townsend
Catron
the Chicago, Milwaukee & Puget Sound Railway Co. a tract of Clapp
Root
Warren
Jones
Sanders
La Follette
Wetmore
land in the Fort Keogh Military Reservation, in the State of Clarke, Ark.
Shively
Lippitt
W illiam s
Crane
Montana, and for a right of way thereto for the removal of Crawford
Simmons
McC'umber
Works
gravel and ballast material;
Smith, Ariz.
Martin, Va.
Culberson
Smith, Ga.
Martine, N. J.
S. 4679. An act to amend section 95 of the act to codify, Cullom
revise, and amend the laws relating to the judiciary, approved
Mr. SMOOT. I desire to announce the absence from the city
March 3, 1911;
of my colleague [Mr. Sutl^ » eand]. He has a general pair
S. 545X. An act to authorize the Pennsylvania Railroad Co, with the Senator from Maryland I m i v R a y n e r ] . I also desire
and the Pennsylvania & Newark Railroad Co., or their succes to announce the unavoidable absence of the.senior Senator from
sors, to construct, maintain, and operate a bridge across the
Ohio [Mr. B u r t o n ] .
Delaware R iver;
The PRESIDENT pro tempore. Fifty-four Senators have
S. 5556. An act to amend an act to create am auditor of answered to the roll call. A quorum of the Senate in present.
railroad accounts, and for other purposes, approved June 19, The question is, Shall the bill pass, the objection of the Presi
3878, as amended by the acts of March 3, 1881, and March 3,
dent to the contrary notwithstanding?
1903, and for other purposes;
It has been the custom, and it is very likely the duty, o f the
S. 5679. An act to amend section 2 of an act to authorize the
President of the United States to make withdrawals of public Senate to have the bill and the message printed in the R ecord
and in the Journal of the Senate, and if there be no objection,
lands in certain cases, approved June 25, 1910;
S. 5808. An act granting right of way across Port Discovery that order will be made without the reading of the bill and the
Bay, United States Military Reservation, to the Seattle, Port message.
The message of the President of the United States and the bill
Angeles & Lake Crescent Railway, of the State of Washington;
S. 6777. An act to authorize the board of county commission are as follow s:
ers of Horry County, S. C., to construct a bridge across Kingston To the House of Representatives:
Lake at Conway, S. C .;
I return herewith H. R. 26321, an act entitled “An act making
S. 7209. An act to authorize the construction of a bridge appropriations for the legislative, executive, and judicial ex
across the Mississippi River at the town site of Sartell, Minn.; penses of the Government for the fiscal 3
-enr ending June 30,
S. 7315. An act to authorize the construction of a bridge 1913, and for other purposes,” without my approval, because the
across llie Clearwater River at a point within the corporate bill still contains in section 9 a provision for the repeal of the
limits of the city of Lewiston, Idaho;
act establishing the Commerce Court.
II. It. 38. An act to create a legislative assembly in the Ter
My objections to this repeal are stated in my message return
ritory of Alaska, to confer legislative power thereon, and for ing without approval H. R. 24023, communicated to the House
other purposes;
\ of Representatives on August 15 last.
ir. R. 11X77. An act to amend section 8 of the food and drug!|
W m . II. T a f t .
act approved June 30, 1906:
T i i e W h i t e H o u s e , August 21, 1912.
,
II. R. 20362. An act granting a pension to Catherine W ise;
n act (H R. 26321) making
the legislative, exocnH. It. 24016. An act granting pensions and increase of pen V \tive. and. judicial expenses ofappropriations forfor the iiscal year hndthe Government
sions tc certain soldiers and sailors of the Civil War and certain
h i" June 30, 1913, and for other purposes.
widows and dependent children of soldiers and sailors of said
B e M enacted, etc., That the following sums be, and the same are
war;
hereby, appropriated, out of any money in the Treasury not otherwise
11444
Yv
4t
CONGRESSIONAL RECORD— SENATE.
appropriated, in full compensation for the service of the fiscal year
ending June 30, 1913, for the objects hereinafter expressed, namely :
L e g is l a t iv e ,
sen ate.
For compensation of Senators, $720,000.
For mileage of Senators, $51,000.
For compensation of the officers, clerks, messengers, and others in the
service of the Senate, namely :
Office of the Vice President: Secretary to the Vice President, $ 4 ,0 0 0 ;
messenger, $ 1 ,4 4 0 ; telegraph operator, $1,500 ; telegraph page, $ 6 0 0 ; in
all, $7,540.
Chaplain : For Chaplain of the Senate, $1,200.
Office of Secretary : Secretary of the Senate, including compensation
as disbursing officer of salaries of Senators and of the contingent fund
of the Senate, $ 6 ,5 0 0 ; hire of horse and wagon for the Secretary’s
office, $ 4 2 0 ; assistant secretary, Henry M. Rose, $ 5 ,0 0 0 ; chief clerk,
$3,250 ; financial clerk, $3,000 and $1,250 .additional while the office is
held by the present incumbent; minute and Journal clerk, principal
clerk, reading clerk, and enrolling clerk, at $3,000 each ; executive clerk,
and assistant financial clerk, at $2,750 each ; librarian, file clerk, chief
bookkeeper, assistant Journal clerk, 2 clerks, printing clerk, and clerk
compiling a history of revenue bills, at $2,500 each ; first assistant
librarian, $2,400 ; keeper of stationery, $2,400 ; compiler of Navy Year
book and Senate report on river and harbor bill, Woodbury Pulsifer,
$2 220 : indexer for Senate public documents, and 2 clerks, at $2,220
each - 2 clerks, at $ 2,100 each; assistant librarian, $ 1 ,8 0 0 ; assistant
librarian, $ 1 ,6 0 0 ; skilled laborer, $ 1 , 200 ; clerk, $ 1 ,8 0 0 ; clerk, $ 1 ,6 0 0 ;
assistant keeper of stationery, $ 2 , 000 ; assistant in stationery room,
$1,200 ; messenger, $1,440 ; assistant messenger, $1,200 ; 3 laborers, at
$840 each ; 3 laborers, at $720 each ; laborer in stationery room, $720 ;
in all, $94,040.
Document room : Superintendent, George H. Boyd, $3,000 ; 2 assist
ants, at $2,250 each ; assistant, $ 1 ,4 4 0 ; 2 clerks, at $1,440 each ;
skilled laborer, $ 1,200 ; in all, $13,020.
Clerks and messengers to com mittees: Clerk to the Committee on
Additional Accommodations for the Library of Congress, $2,220, mes
senger, $1,440 ; clerk to the Committee on Agriculture and Forestry,
$2,500, assistant clerk, $1,800, messenger, $ 1 ,4 4 0 ; clerk to the Com
mittee on Appropriations, $4,000, 2 assistant clerks, at $2,500 each,
2 assistant clerks, at $1,440 each, messenger, $1,440, laborer, $ 7 2 0 ;
clerk to the Committee to Audit and Control the Contingent Expenses
of the Senate, $2,500, messenger, $1,440, messenger, $ 1 ,2 0 0 ; clerk to
the Committee on Canadian Relations, $2,220, messenger, $1,440, mes
senger, $1,200 ; clerk to the Committee on the Census, $2,220, assistant
clerk, $1,200, messenger, $1,440 ; clerk to the Committee on Civil Serv
ice and Retrenchment, $2,220, messenger, $1,440, messenger, $ 1 ,2 0 0 ;
clerk to the Committee on Claims, $2,500, assistant clerk, $2,000, as
sistant clerk, $1,440, messenger, ’ $ 1 ,2 0 0 ; clerk to the Committee on
Coast and Insular Survey, $2,220, messenger, $1,440 ; clerk to the Com
mittee on Coast Defenses, $2,220, assistant clerk, $1,440. messenger,
$1,200 ; clerk to the Committee on Commerce, $2,500, assistant clerk,
$1,800, messenger, $ 1 ,4 4 0 ; clerk to the Conference Minority of the
Senate, $2,220, assistant clerk, $1,800, messenger, $1,200 ; clerk to the
Committee on Conservation of National Resources, $2,220, assistant
clerk, $1,200, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Corpora
tions Organized in the District of Columbia, $2,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee on Cuban Relations, $2,220, assistant clerk.
$1,440, messenger, $ 1 .2 0 0 ; clerk to the Committee on Disposition of
Useless Papers in the Executive Departments, $2,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee on the District of Columbia, $2,500, assistant
clerk, $1,800, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Education
and Labor, $2,220, assistant clerk, $1,440, messenger, $ 1 ,2 0 0 ; clerk
to the Committee on Engrossed Bills, $2,220 ; messenger, $1,440 ; clerk
to the Committee on Enrolled Bills, $2,220, assistant clerk, $ 1 ,4 4 0 ;
clerk to the Committee to Examine the Several Branches of the Civil
Service, $2,220, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Expendi
tures in the Department of Agriculture, $2,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee on Expenditures in the Department of Com
merce and Labor, $2,220, messenger, $ 1 ,4 4 0 ; clerk to the Committee
on Expenditures in the Interior Department, $2,220, messenger, $1,440,
messenger, $1,200 ; clerk to the Committee on Expenditures in the De
partment of Justice, $2,220, assistant clerk, $1,440, messenger, $1,440 ;
clerk to the Committee on Expenditures in the Navy Department,
$2,220, messenger, $1,440, messenger, $ 1 ,2 0 0 ; clerk to the Committee
on Expenditures in the Post Office Department, $2,220, messenger,
$1,440, messenger. $ 1 ,2 0 0 ; clerk to the Committee on Expenditures in
the Department of State, $2,220, messenger, $1,440 ; clerk to the Com
mittee on Expenditures in the Treasury Department, $2,22.0, messenger,
$1,440, messenger. $ 1 ,2 0 0 ; clerk to the Committee on Expenditures in
the W ar Department, $2,220, messenger, $1,440, messenger, $ 1 ,2 0 0 ;
clerk and stenographer to the Committee on Finance, $3,000, assistant
clerk, $2,220, assistant clerk. $1,600, assistant clerk. $1,440, messenger,
$ 1 ,4 4 0 ; clerk to the Committee on Fisheries, $2,220, assistant clerk,
$1,440, messenger, $1,440 ; clerk to the Committee on the Five Civilized
Tribes of Indians, $2,220. messenger, $1,440 ; clerk to the Committee on
Foreign Relations, $2,500, assistant clerk, $2,220, messenger, $ 1 ,4 4 0 ;
clerk to the Committee on Forest Reservations and the Protection of
Game, $2,220, messenger, $1,440 ; clerk to the Committee on the Geo
logical Survey, $2,220, messenger, $1,440 ; clerk to the Committee on
Immigration, $2,220, assistant clerk, $1,800, messenger, $ 1 ,4 4 0 ; clerk
to the Committee on Indian Affairs, $2,500, assistant clerk, $1,440,
messenger, $ 1 ,4 4 0 ; clerk to the Committee on Indian Depredations,
$2,220, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Industrial Ex
positions, $2,220, messenger, $1,440, messenger, $ 1 ,2 0 0 ; clerk to the
Committee on Interoceanic Canals, $2,220, assistant clerk, $1,440, mes
senger, $ 1 ,2 0 0 ; clerk to the Committee on Interstate Commerce, $2,500,
2 assistant clerks, at $1,800 each, messenger, $1,440 ; clerk to the Com
mittee to Investigate Trespassers on Indian Lands, $2,220, messenger,
$1,440 ; clerk to the Committee on Irrigation and Reclamation of Arid
Lands, $2,220, messenger, $1,440, messenger, $1,200 : clerk to the Com
mittee on the Judiciary, $2,500, assistant clerk, $2,220, 2 assistant
clerks, at $1,800 each, messenger, $1,440 ; clerk to the Joint Committee
on the Library, $2,500, assistant clerk, $1,440, messenger, $ 1 ,2 0 0 ;
clerk to the Committee on Manufactures, $2,500, assistant clerk, $1,440,
messenger, $1,440 ; clerk to the Committee on Military Affairs, $2,500,
assistant clerk, $2,220, assistant clerk. $1,440, messenger, $ 1 ,2 0 0 ;
clerk to the Committee on Mines and Mining, $2,220, messenger, $1,440.
messenger, $ 1 ,2 0 0 ; clerk to the Committee on the Mississippi River and
its Tributaries, $2,220. messenger, $ 1 ,4 4 0 ; clerk to the Committee on
National Banks. $2,220, messenger, $1,440 ; clerk to the Committee on
Naval Affairs, $2,500, assistant clerk, $1,440, messenger, $1,440 ; clerk
to the Committee on Pacific Islands and Porto Rico, $2,220, assistant
clerk, $1,800, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Pacific
Railroads, $2,220, messenger, $ 1 ,4 4 0 ; clerk to the Committee on Pat-
A ugust 21
clerks, at $1,440 each, messenger, $ 1 ,4 4 0 : clerk ’of printing
$ 2 ,220 , assistant; Nort ci coo —
aa^ .
record.,
tee on Private
the Committee
$1,440, messenger, ip-i.-t-iu; c-icrx ro rne committee on Pnhlie Buildj'^'b
Measures, $2,220, messenger, $1,440 : clerk to the” Committee ^on^’
Terrj.'
tories, $2,220, assistant clerk, $1,440, messenger, $1,440 ; clerk to tv,1
Committee on Transportation and Sale of Meat Products, $2,220
senger, $ 1 ,4 4 0 ; clerk to the Committee on Transportation Routes i
the Seaboard, $ 2 , 220, messenger, $ 1 ,4 4 0 ; clerk to the Committee
the University of the United States, $2,220. messenger, $ 1 ,4 4 0 ; ele?.?
to the Committee on Woman Suffrage, $2,220, messenger, $1,440all, $370,940.
’
Office of Sergeant at Arms and Doorkeeper: Sergeant at Arms „
oorkeeper, $6,500 ; horse and wagon for his use, $420, or so
lereof as may be necessary; Assistant Sergeant at Arms gor-Sn*1
Assistant Doorkeeper, $2,592 ; Acting Assistant Doorkeeper, $2 592 • ’
messengers, acting as
messengers on the floor of the Senate mes„_
sengers, at $1,440 each, - m • b
600 clerk on Journal work for
at
$ 2,000 each ; messenger at card^dooi, j , the otfirial reporters, $ 2,000 ;
Congressional R ecord, to be selecte , -j mitk $ 1 ,4 4 0 ; cabinetmaker
storekeeper, $2,2 2 0 ; uPh< « er
ian i t o r ,$ l, 2()(); 4 skilled laborers;
$ 1 ,2 0 0 ; 3 carpenters, at $1-080 eacn^ ja
bQrer in charge of private
at $ 1,000 each; skilled laborer, *.*
> bars,e of ladies’ retiring room,
passage, $ 8 4 0 ; 3 ,f
nhone ^nerator , $1,200; 2 telephone operators,
at $720 each; c^ief telephone ope
.
( ) . telephone page, $720 •
at $900 each; night telephone
1
---------
the session, $4,800 ; in all, $132,604.
5
5
For the following for Senate Office Building under the Sergeant o
Arms, nam ely: Stenographer in charge of furniture accounts and
keeper of furniture records. $ 1 , 200 ; 2 messengers, at $1,440 each •
attendant in charge of bathing rooms, $1,800 ; 2 attendants in bathine
rooms, at $720 each; 3 attendants to women’s (oilet rooms, at $705
each ; janitor for bathing rooms, $ 7 2 0 ; 2 messengers acting as mill
carriers, at $ 1,200 each ; and messenger for service to the press eni-,-11
spondents. $900 ; in all, $13,500.
le'
For police force for Senate Office Building under the Sergeant
at
Arms, nam ely: For 16 privates, at $1,050 each ; 1 special officer, $1,20(
00,
$18,000
Post office: Postmaster, $ 2 ,2 5 0 ; chief clerk. $1,800 (deficiency act
July 21, 1911) ; 6 mail carriers and 1 wagon master, at $1,200 each •
3 riding pages, at $912.50 each; in all, $15,187.50.
’
Folding room : Assistant. $ 1 ,4 0 0 ; clerk, $ 1 ,2 0 0 ; foreman. $ 1 ,4 0 0 ; q
folders, at $1,000 each ; 8 folders, at $840 each ; in all, $16,720.
Under Superintendent of the Capitol Building and Grounds : Chief
engineer, $ 2 ,1 6 0 ; assistant engineer and electrician, $1,800 : 3 assistant
engineers, fit $1,440 each ; 10 conductors of elevators, at v 1,200 each ;
2 'machinists and electricians, at $1,400 each; 4 laborers, at $720
each ; laborer in charge of Senate toilet rooms in old library space, $660 •
attendant for service in old library portion of the Capitol, $1,500 ; (q
all, $28,120.
For the following for the Senate Office Building, under the Superin
tendent of the Capitol Building and Grounds, subject to the control and
sunervision of the Senate Committee on Rules, nam ely; Fourteen ele
vator conductors, at $ 1,200 each ; in all, $16,800.
Clerks to Senators : For 35 annual clerks to Senators who are not
chairmen of committees, at $2,000 each, $70,000.
Stenographers to Senators: For 22 stenographers to Senators who
are not chairmen of committees, and 3 stenographers to the
of the three junior minority committees, at $1,200 each, $30,000.
Contingent expenses, nam ely: For stationery for Senators and the
President of the Senate, includimr $6,000 for stationery for committees
and officers of the Senate, $18,125.
For postage stamps for tho office of the Secretary of the Senate
$ 2 0 0 ; for the office of the Sergeant at Arms, $ 1 5 0 ; in all, $350.
’
For expenses of maintaining and equipping horses and mail wagons
for carrying the mails, $ 6 , 000, or so much thereof as may be neces
sary.
For materials for folding, $2,000.
For folding speeches and pamphlets, at a rate not exceeding $1 Der
thousand, $ 8,000.
For fuel and advertising, exclusive of labor, $2,500.
For purchase of furniture, $8,500.
For materials for furniture and repairs of same, exclusive of labor
$3,000.
For services in cleaning, repairing, and varnishing furniture, $2,000.
For packing boxes, $970.
For miscellaneous items, exclusive of labor, $;>0,000.
For rent of warehouse for storage of public documents for the Senate
$3,600, and authority is hereby given to use any part or all of said
sum for moving documents contained in said warehouse to buildings
owned by the Government.
'
For miscellaneous items on account of the Maltby Building, $17,280.
For expenses of inquiries and investigations ordered by the Senate
including compensation to stenographers to committees, at such rate
as may be fixed by the Committee to Audit and Control the Contingent
Expenses of the Senate, hut not exceeding $1.25 per printed page
$25,000.
For reporting the debates and proceedings of the Senate, $30,000
payable in equal monthly installments.
To enable the Postmaster of- the Senate to keep a constant supply
of postage stamps for sale to Senators, $200.
'l'he library collected by the National Monetary Commission is hereby
made a part of the Library of Congress and is placed under the admin
istration of the Librarian of Congress, and the sum of $500, or so much
thereof as may he necessary, is hereby appropriated for the purpose
of moving the hooks and the present stacks and shelving to the Library
of Congress.
chairmen
1912
CONGRESSIONAL RECORD— SENATE
shall not he purchased out of any other fund any article for use in any
office or bureau of any executive department in Washington, D. C.,
which could be purchased out of the appropriations made for the
regular contingent funds of such department or of its offices or bureaus.
Sec . 7. That no money appropriated by this or any other act shall
be expended for telephone service installed in any private residence or
private apartment or for tolls or other charges for telephone service
from private residences or private apartments, except for long-distance
telephone tolls required strictly for the public business, and so shown
by vouchers duly sworn to and'approved by the head of the department,
division, bureau, or office in which the official using such telephone or
incurring the expense of such tolls shall be employed.
S e c . 8. That no money appropriated by this or any other act shall
be used after the 1st day of October, 1912. for services in any executive
department or other Government establishment at Washington. D. C.,
in the work of addressing, wrapping, mailing, or otherwise dispatch
ing any publication for public distribution, except maps, weather re
ports, and weather cards issued by an executive department or other
Government establishment at Washington. D. C., or for the purchase
of material or supplies to be used in such w ork; and on and after
October 1, 1912. it shall be the duty of the Public Printer to perform
such work at the Government Printing Office. Prior to October 1,
1912. each executive department and other Government establishment
at Washington, D. C.. shall transfer to the Public Printer such ma
chines, equipment, and materials as are used in addressing, wrapping,
mailing, or otherwise dispatching publications ; and each head of such
executive department and other Government establishment at W ash
ington, D. C„ shall furnish from time to time to the Public Printer
mailing lists, in convenient form, and changes therein, o f franked
slips, for use in the public distribution of publications issued by such
department or establishment; and the Public Printer shall furnish
copies of any publication only in accordance with the provisions of law
or the instruction of the head of the department ol- establishment issu
ing the publication. The employment of all persons in the several
executive departments and other Government establishments at W ash
ington, 1>. O., wholly in connection with the duties herein transferred
to the Public Printer, or whose services can be dispensed with or de
volved upon another because of such transfer, shall cease and determine
on or before the 1st day of October. 1912, and their salaries or com
pensation shall lapse for the remainder of the fiscal year 1913 and be
covered into the Treasury. A detailed statement of all machines,
equipment, and material transferred to the Government Printing Office
by operation of this provision and of all employments discontinued shall
be submitted to Congress at its next session by the head of each execu
tive department and other Government establishments at Washington,
D. C., in the annual estimates of appropriations : Provided, That noth
ing in this section shall be construed as applying to orders, instruc
tions, directions, notices, or circulars of information. printed for and
issued,by any of the executive departments or other Government estab
lishments or to the distribution of public documents by Senators or
Members of the House of Representatives or to the folding rooms aud
documents rooms of the Senate or House of Representatives.
Sec . 9. That the Commerce Court created and established by the
act entitled “ An act to create a Commerce Court and to amend the act
entitled ‘An act to regulate commerce,’ approved February 4, 1887, as
heretofore amended and for other purposes.” approved June 18, 1910,
be, and the same hereby is, abolished and the .jurisdiction vested in
said Commerce Court by said act is hereby transferred to and vested
iu the several district courts of the United'States.
All cases pending and undisposed of in said Commerce Court are
hereby transferred to and shall be deemed pending in the district
court of any of the judicial districts within which the original cause
of action brought before the Interstate Commerce Commission arose,
such district to be designated by the com plainant; and the venue of ali
suits and proceedings hereafter b rou ght'to enforce, set aside, annul,
or modify any order of the Interstate Commerce Commission shall be
in any of the judicial districts within which the original cause of
action brought before the commission arose.
The venue in suits brought to enforce an order for the payment of
money shall be in the district court of the judicial district in which
the complainant resides. The procedure in the district court in re
spect to cases of which jurisdiction is conferred upon them by this
act shall bo Ilie same as that heretofore prevailing in the said Com
merce Court and the right of appeal from the district courts in such
cases shall bo the same as the right of appeal heretofore prevailing
under existing law from the Commerce Court. No interlocutory in
junction suspending or restraining the enforcement,, operation, or exe
cution of any order made or entered by the Interstate Commerce Com
mission shall be issued or granted by any justice of the Supreme Court,
or by any district court of the United States, or by any judge thereof,
or by any circuit judge acting as district judge, unless the applica
tion for the same snail be presented to a justice of the Supreme Court
of the United States, or to a circuit or district judge, and shall he
heard and determined by three judges, of whom at least one shall
he a justice of the Supreme Court, or a circuit judge, aud the other
two may be either circuit or district judges, and unless a majority
of said three judges shall concur in granting such application.
When
such application as aforesaid is presented to a justice of the Supreme
Court, or to a judge, he shall immediately call to his assistance to
hear and determ'iue the application two otner judges : Provided, how
ever, That one of such three judges shall he a justice of the Supreme
Court, or a circuit judge. Said application shall not be heard or
determined before at least five days' notice of the hearing has been
given to the Interstate Commerce Commission, to the Attorney Gen
eral of the United States, aud to such other persons as may be
defendants in the su it: Provided, That if of opinion that irreparable
loss or damage would result to the complainant unless a temporary
restraining order is granted, any justice of the Supreme Court, or
any circuit or district judge, may grant such temporary restraining
order at auy time before such hearing and determination of the appli
cation for an interlocutorv injunction, hut such temporary restrain
ing order shall remain in ‘force only until the hearing and determin
ation o f the application for an interlocutory injunction upon notice
as aforesaid. The hearing up; n such application for an interlocutory
injunction shall be given precedence, and shall be in every way ex
pedited and be assigned for a hearing at the earliest practicable day
after the expiration of the notice hereinbefore provided for. An ap
peal may be taken direct to the Supreme Court of the United States
from the order granting o>- denving, after notice and hearing, an in
terlocutory injunction in such c a se ; and upon the final hearing of
any suit brought to annul, enjoin, or restrain any order of said com
mission the same requirement 'as to judges and the same procedure as
to appeal shall apply. The provisions of this section shall also apply
11457
to the issu in g and granting of interlocutory injunctions suspending
or restraining the enforcement, operation, or execution of orders made
by any administrative board or commission created by and acting under
the statute of a State. That in such case the notice required shall
be served upon the defendants in the case, and upon the attorney
general of the State. All cases pending in the Commerce Court at
the date of the passage of this act shall he transferred forthwith to
said district courts. Each of said cases and all the records, papers,
and proceedings shall he transferred to the district court wherein
it might have been filed at the time it was filed in the Commerce
Court if this act had then been iu effect, and if it might have been
filed in any one of two or more district courts it shall be transferred to
that one of said district courts which may be designated by the
petitioner or petitioners in said case, or, upon failure of said peti
tioners to act in the premises within 10 days ofter the passage of this
act, to such one of said district courts as may be designated by the
judges of the Commerce Court. The judges of the Commerce Court
shall have authority, and are hereby directed, to make any and all
orders and to take any other action necessary to transfer as afore
said the cases and all the records, papers, and proceedings then pend
ing in the Commerce Court to said district courts.
S e c . 10. That until otherwise provided by law, the regular annual
estimates of appropriations for expenses of the Government of the
United States shall
andto Cyhgress, bv those
charged wiUL. the-frnTy of such preparation and subrrrasskm,, only in
the
■■atta at the time now required by law, and in no other form
‘
and "at no other time.
S e c . 11. T h a t a ll la w s o r p a rts o f la w s in co n sis te n t w ith th is a ct
a re repealed.
The PRESIDENT pro tempore. The roll will be called on
the question of passing the bill the objections of the President
to the contrary notwithstanding.
The Secretary proceeded to call the roll.
Mr. THORNTON (when Mr. F oster ’ s name was called).
Again announcing the necessary absence of my colleague [Mr. ,
F o s t e r ] , I will say in addition that on this question he is puii*ed
with the Senator from TennesseeifMr. L.pa 1 ari^L jfcifck
Sena
tor from Indiana [Mr! IxWSfT* i t ^ w n ^ u e 1 were present,
he would vote “ nay.”
Mr. GUGOENHEIM (when his name was called). I have a
general pair with the senior Senator from Kentucky [Mr.
P a y n t e r ]. That pair has been taken care of by another ar
rangement, and I therefore am at liberty to vote. I vote
“ nay.”
Mr. POMERENE (when the name of Mr. J o h n so n of Maine
was called). I desire to announce the necessary absence of the
Senator from Maine [Mr. J o h n s o n ], and I have been re
quested to announce that on this bill the senior Senator from
Ohio [Mr. B u r t o n ] is paired with the senior Senator from
Maine [Mr. J o h n s o n ] and the junior Senator from Iowa [Mr.
K e n y o n ],
Mr. CUMMINS (when Mr. K e n y o n ’ s name was called). My
colleague [Mr. K e n y o n ] is unavoidably absent. He is paired
as already announced. I f he were present, he would vote “ yea.”
Mr. LIPPITT (when his name was called). I have'a gen
eral pair with the senior Senator from Tennessee [Mr. L e a ],
but ou veto questions I am relieved from that pair. I there
fore feel at liberty to vote. I vote “ nay.”
Mr. SMOOT (when Mr. L odge' s name was called). I desire
to state that the Senator from Massachusetts [Mr. L odge] is
paired upon this question with the Senator from Kentucky
[Mr. P a y n t e b ] and the Senator from West Virginia [Mr. W a t
s o n ].
Mr. McCUMBER (when his name was called). I am re
lieved by my pair, and so I am at liberty to vote on this ques
tion. I vote “ nay.”
Mr. REED (when his name was called). I have a pair with
the Senator from Michigan [Mr. S m i t h ]. He is absent. I
have agreed with him that upon this question I will not vote.
If I were at liberty to vote, I would vote “ yea.”
Mr. DU PONT (when Mr. R ich ard so n ’ s name was called).
My colleague [Mr. R ich a r d so n ] is absent on account of illness.
He is paired on this question with the junior Senator from
Nebraska [Mr. H itc h c o c k ] and the junior Senator from Maine
[Mr. G ardner ].
Mr. ROOT (when his name was called). I have a pair with
the Senator from Indiana [Mr. K e r n ]. It does not apply, how
ever, to a vote where two-thirds are required, and I accordingly
vote. I vote “ nay.”
Mr. SMITH of Georgia (when his name was called). I have
a pair with the senior Senator from Massachusetts [M r. L odge].
That pair has beem transferred to the senior Senator from
Kentucky [Mr. P a y n t e r ] and the Senator from West Virginia
[Mr. W a t s o n ]. Therefore I will vote. I vote “ yea.”
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). My colleague [Mr. S m i t h ] is necessarily absent
from the city. As has been stated by the junior Senator from
Missouri [Mr. R eed ], he is paired on this question with that
Senator.
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the Senator from Delaware [Mr. R i c h a r d -
11458
CONGRESSIONAL RECORD— SEKATE.
and I transfer it to the Senator from Maine [Mr.
and the Senator from Nebraska [Mr. H itc h c o c k ]
and will vote. I vote “ aye.”
Mr. SMOOT (when the name of Mr. S teph en son was called).
I desire to announce the unavoidable absence of the Senator
from Wisconsin [Mr. S t e ph en so n ]. He has a general pair
with the Senator from Oklahoma [Mr. G ore].
Mr. STONE (when his name was called). I have a pair with
the Senator from Wyoming [Mr. C l a r k ], which I transfer to
the senior Senator from Mississippi [Mr. P ercy ] and the junior
Senator from Arkansas [Mr. D a v is ] and will vote. I vote
“ yea.”
Mr. SMOOT (when Mr. S uth erlan d ’ s name was called). I
desire to announce the absence from the city of my colleague
[Mr. S u t h e r l a n d ] and that he has a pair on this question
with the Senator from West Virginia [Mr. C h il t o n ] and the
Senator from Maryland [Mr. R a y n e r ].
Mr.. WARREN (when his name was called). My general
pair with the Senator from Louisiana [Mr. F oster ] has been
transferred as announced by his colleague. Therefore I will
vote. I vote “ nay.”
Mr. WILLIAMS (when his name was called). I have a
standing pair with the Senator from Pennsylvania [Mr. P en
r o s e ).
If he were present and I were at liberty to vote, I should
vote “ yea.”
The roll call was concluded.
Mr. BORAH. The Senator from Montana [Mr. D ix o n ] and I
have a pair with the Senator from Texas [Mr. B a il e y ]. If the
Senator from Texas were present, I understand he would vote
“ nay.” The Senator from Montana and I would vote “ yea.”
Mr. MYERS. I will ask if the Senator from Connecticut
s o n ],
G ardner]
Bradley
Brandegee
Briggs
Burnham
Catron.
Crane
Cullorn
Bailey
Borah
Brown
Burton
Chilton
Clark, Wyo.,
Davis
Dixon
Fall
N A Y S — 27.
Curtis
Lippitt
Dillingham
McCumber
du Pont
Massey
Gallinger
Oliver
Guggenheim
I’age
Heyburn
Perkins
Jones
Root
NOT VOTING — 33.
Foster
Lea
Gamble
Lodge
Gardner
McLean
Gore
Owen
Gronna
Paynter
Hitchcock
Penrose
Johnson, Me.
Percy
Kenyon
Rayner
Kern
Reed
A ugust 21 ,
Sanders
Smoot
Thornton
Townsend
Warren
Wetmore
Richardson
Smith, Mich.
Stephenson
Sutherland
Watson
Williams
\ The PRESIDENT pro tempore. On th(; question, Shall the
b ilU p a s s , the objections of the President to the contrary notwithstanding? the yeas are 34, the nays 27; not two-thirds •
and the hiM&jRs of passage.
BRESIDEN TAL TERM .
The Senate, as in Committee of the Whole, resumed the con
sideration of the joint resolution (S. J. Res. 78) proposing {1
q
amendment to the Constitution of the United States.
Mr. CRAWFORD. I was remarking, Mr. President, that
there is no claim with reference to the abuse by an ambitious
man in the office of Chief Magistrate of patronage for the pur
pose of securing another term of office that does not apply with
practically the same force against Members of the Senate and
Members of the other House, and that in fact the power of
patronage is more directly used by Members of Congress to se
cure themselves in tenure of office than by the President "to
secure himself in office, and with greater effect. It is a question
[M r. M cL e a n ] has voted?
The PRESIDENT pro tempore. The Chair is informed that whether it does not more often injure both than it helps them
But the question of abuses connected with the distribution of
that Senator has not voted.
Mr. MYERS. I have a general pair with the Senator from patronage can be reached in an effective fashion in other ways
Connecticut. If I were at liberty to vote, I should vote “ yea,” rather than by impairing, as I think, the public service by limit
and I take it that I am not therefore in a position to demand a ing the service of a President of the United States to a term of
double pair with anyone on the other side who would probably four or six years.
vote “ nay.” Therefore I feel bound, having given no notice of
Mr. President, experience is valuable in any field of activity.
The most valuable asset any man can have in an energetic life
any intention of dissolving the pair, to withhold my vote.
Mr. CHILTON (after having voted in the affirmative). I is experience. When he has an experience that his competitor
inadvertently voted. I desire to withdraw my vote for the has.not, his advantage is certainly very great. Take the Mem
reason that I have a pair with the Senator from Utah [Mr. bers of the Senate who have been here term after term for
S u t h e r l a n d ], the Senator from Maryland [Mr. R a y n e r ] and IS and 24 years, and who have been so long in this service that
myself constituting the two.
all the details of governmental affairs are as familiar to them
M r. BRIGGS (after having voted in the negative). In casting as the most common everyday experiences in life. Does anyone
my vote I inadvertently failed to call attention to the fact that undertake to discount the value of that experience to the public
my pair with the Senator from West Virginia [Mr. W a t s o n ] when applied here by honest men? A tried and true man of long
has been transferred, he being paired with the Senator from experience in one of these departments, who has become an
Massachusetts [Mr. L odge],
expert, familiar with all its details, brings to bear in the solu
Mr. WARREN. I desire to announce the necessary absence tion of every question that comes before him an experience that
o f m y colleagu e [M r. C l a r k ], w ho is paired as stated b y the has encountered difficulties of that kind before time and again.
Sen;; tor from M issouri [M r. S tone ].
Does anyone undertake to say that we can lightly throw
Mr. SMOOT. I desire to announce the absence from the city aside all the result of the years of experience in public service
of the Senator from Nebraska [Mr. B r o w n ]. He has a general and do it in the interest of the public welfare, by exchanging
such a man for a raw recruit who has had no opportunity to bm
pair with the Senator from Oklahoma [Mr. O w e n ].
Mr. LA FOLLETTE. I wish to announce that the junior come acquainted with the vast, multifarious business affairs, for
Senator from North Dakota [Mr. G r o n n a ] is unavoidably ab that is what they are, connected with the administration of a
great Republic like this? Experience is just as valuable and
sent. If present, he would vote “ yea.”
Mr. DU PONT. In making the announcement I did in respect necessary in the conduct of public affairs as it is in the conduct
to my colleague, I believe I omitted to state that if he were of private business affairs. Take it in the great industrial con
cerns of the United States, which are the marvel of the world
present and free to vote, he would vote “ nay.”
Mr. SHIVELY. I wish to announce that my colleague [Mr. and are commanded by the men of genius of the world; take
K ern ] is unavoidably absent from the Chamber on account of the trained, skilled man who is responsible, who lias a desire to
sickness in his family. He is paired with the senior Senator meet the approval of the men who put their capital into his
fro m New York [Mr. R oot ]. Were he present, he would vote hands and who have their all invested in the business; he has
“ yea.”
wanted to secure their support and he has been there for a long
Mr. SMOOT. I desire to announce the unavoidable absence term, acquainted everywhere, with his hand on the lever, know
ing how it should be conducted. Would you help the conduct
on account of sickness in his family o f the Senator from South
of that business by making a change in that place every four
Dakota [Mr. Ga m b l e ].
\
Mr. MYERS. In "irr- nf thin nirrmiTitn..... . \\ the Senator years and trying an experiment, because necessarily it would
from Wisconsin [M iy ^ L a F oli.ette ] that the RDnaior from be an experiment, with a new man? Would you say running
Ngrth Dakota lMr. G r o n n a ], if present, would vote “ yea,” I that risk was in the interest of the public?
You can take the illustrious names of the great characters
transfer my pair with the Senator from Connecticut [Mr. Mc
L e a n ] to the Senator from North Dakota [Mr. G r o n n a ] and who have added to the glory of the Republic in this Chamber,
} your Calhoun, your Clay, your Webster, your Benton, all these
will vote. I vote “ yea.”
great figures served here for nearly a lifetime. The men who
The roll call resulted—yeas 34, nays 27, as follow s:
came in here and served one term have disappeared, You will
Y E A S— 34.
find their names in the Directory as you would find names in
Nelson
Ashurst
Crawford
Smith, Ga.
an almanac, and you do not know who they are until you look
Bacon
Newlands
Culberson
Smith, Md.
them up because they came and went; their career was too
O’Gorman
Bankhead
Cummins
Smith, S. C.
^ B o u rn e
Overman
Fletcher
Stone
short for them to be of substantial service. They never got in
Bristow
Johnston, Ala.
a.
Poindexter
Swanson
touch with the work of public life. They never were able to
Bryan
Pomerene
La Follette
Tillman
develop with experience and become intrenched in the service
Shively
Martin, Va.
Works
Chamberlain
r.
Simmons
Martine, N. J.
so as to render that character of service which the Republic
Clapp^V
Clarke, Ark.
Smith, Ariz.
Myers
demands.
1912
CONGRESSIONAL RECORD— SENATE.
“ Se c . 2. That it shall he unlawful for any individual or person to
contribute money or other thing of value exceeding in value .$5,000 in
connection with the nomination of electors for President and Vice
President or the nomination of President and Vice President, Senator,
or Representative in Congress, or in connection with the election of any
of said officers : Provided, That this section shall not apply to individ
uals or persons who at such convention, primary, or election are -can
didates for President, Vice President, Representative, or Senator. Every
individual or person who shall make any contribution in violation of
the provisions of this section shall, upon conviction thereof, he pun
ished bv a fine not to exceed $10,000, or by imprisonment for a term
not more than two years, or by both such fine and imprisonment, in the
discretion of the court.
*
“ S ec . 3. That all laws or parts of laws in conflict herewith are
hereby repealed.”
The PRESIDENT pro tempore. The amendment proposed by
the Senator from Minnesota [Mr. C l a p p ] w ill be read.
The S ecretary . Amend by adding at the end of section 2 the
follow ing:
The provisions of the act entitled ‘ ‘An act to amend an act entitled
‘An act providing for publicity of contributions made for the purpose
of influencing "elections at which Representatives in Congress are
elected, and extending the same to candidates for nomination and elec
tion to the offices of Representative and Senator in the Congress of the
United States, and limiting the amount of campaign expenses,’ ” ap
proved August 19, 1911, are hereby made applicable to the provisions of
this act.
Mr. SMITH of Georgia (when his name was called). I have
a p a ir with the senior Senator from Massachusetts [Mr. L odge],
who is away from the city. I therefore withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
I have a pair with the junior Senator from Delaware [Mr.
R ich a r d so n ]. I transfer that pair to the Senator from Ne
braska [Mr. H it c h c o c k ] and will vote. I vote “ nay.”
Mr. WARREN (when his name was called). I have a pair
with the Senator from Louisiana [Mr. F oster ], and therefore
withhold my vote.
The roll call was concluded.
Mr. SMITH of Georgia. I transfer my pair with the senior
Senator from Massachusetts [Mr. L odge] to the junior Senator
from Arkansas [Mr. D a v is ] and vote. I vote “ nay.”
Mr. TOWNSEND. I desire to state that my colleague [Mr.
S m it h of M ich igan ] is necessarily absent from the city. He is
paired w ith the junior Setifrtor fro m Missouri [Mr. R eed ], I
desire this statement to stand for the dtyv The result was announced—yeas 4, nays 47, ns follow s;
Catron
Y E A S — 4.
McCumber
N A Y S — 47.
Cullom
Massey
Cummins
Myers
Dillingham
Nelson
Newlands
du Pont
O’Gorman
Fletcher
Overman
Gallinger
Page
Johnston, Ala.
Perkins
.Tones
Poindexter
La Follette
McLean
Pomerene
Martin, Va.
Reed
Martine, N. J.
Shively
NOT V O T IN G — 43.
Dixon
Kenyon
Fall
Kern
Foster
Lea
Gamble
Lippitt
Gardner
Lodge
Gore
Oliver
Gronna
Owen
Guggenheim
Paynter
Heyburn
Penrose
Hitchcock
Percy
Johnson, Me.
Rayner
Crane
Smoot
Mr. CUMMINS. Mr. President, I rise to a question of order. Ashurst
Simmons
V
The PRESIDENT pro tempore. The Senator will state it.
Bacon
Smith, Ariz.
Smith, Ga.
Mr. CUMMINS. There is an agreement by unanimous con Borah
Bradley
Smith, S. C.
sent that, following the action of the Senate on the unfinished Bristow
Swanson
business, the joint resolution to amend the Constitution, and Bryan
Thornton
Tillman
Chamberlain
so forth, the Senate will proceed to consider Senate bill No. 3. Chilton
Townsend
I beg pardon; I observe that it is a special orderJset down by Clapp
Wetmore
a unanimous-consent agreement. The point of jorder I was Clarke, Ark.
W illiam s
Crawford
W orks
about to make is not well taken.
The PRESIDENT pro tempore. The yeas a fd nays have Culberson
been ordered on the motion of the Senator fromfTexas to pro Bailey
Richardson
ceed to the consideration of the bill which has bejpn read.
Bankhead
Root
Mr. TAGE. Mr. President, I rise' to a parliamentary inquiry. Bourne
Sanders
Smith, Md.
The PRESIDENT pro tempore. The Senator w ill state it. Brandegee
Briggs
Smith, Mich.
Mr. PAGE. The unanimous-consent agreement, nnade yester Brown
Stephenson
Stone
day. I think, was that when Senate joint resolution No. 78 was Burnham
Burton
Sutherland
concluded, Senate bill No. 3 would be taken up. Thfk was not a Clark, W yo.
Warren
motion. It was a request for unanimous consent^, as the Curtis
AVatson
R ecord will show, and it was agreed to. I ask as a parliamen Davis
So the Senate refused to adjourn.
,
tary inquiry whether that agreement by unanimous consent has
been displaced?
\
The PRESIDENT pro tempore. The question recurs up6n
The PRESIDENT pro tempore. The Senate has taketv.no the motion of the Senator from Texas [Mr. C ulberson ] to
action as yet. The unfinished business is still before the Semite proceed to the consideration of the bill named by him, on which
undisposed of, and the unanimous-consent agreement stands a kiho yeas and nays have been ordered.
at
present unchanged. The question is on the motion made by the ' Mr. BACON. I should like to make a parliamentary inquiry,
Mr. President.
Senator from Texas.
Mr. OVERMAN. Mr. President, a parliamentary inquiry.
The PRESIDENT pro tempore.. -The Senator will state it.
Mr. BACON. As I understand, the unfinished business had
If we should take up the bill which has been read and displace
the joint resolution which the Senator from Iowa has in charge, been temporarily laid aside. The inquiry which I wish to make
proposing a constitutional amendment, would the unanimous- is, if, in the absence of any demand for the regular order, a
consent agreement then become operative for Senate bill No. 3, motion is made to take up a measure, does that displace the
unfinished business? Of course I recognize thp fact fully, Mr.
which the Senator from Vermont has in charge?
The PRESIDENT pro tempore. The Chair will answer that President, that if a Senator demands the regular order and a
when the time arrives. The Chair will not undertake to answer motion to take up another bill is interposed and agreed to,
undoubtedly it would displace i t ; but the unfinished business
it in advance.
Mr. HEYBURN. Mr. President, I suggest the absence of a having been laid aside by unanimous consent—and it can only
be laid aside by unanimous consent—in the absence of a de
quorum.
The PRESIDENT pro tempore. The Senator from Idaho mand, which any one Senator can make to return to the
unfinished business, it seems to me that any intervening motion
suggests the absence of a quorum. The roll will be called.
The Secretary called the roll, and the following Senators an is made subject to unanimous consent that it is for the time
laid aside, and that under those circumstances the prevailing of
swered to their names:
the motion would not displace the unfinished business. I repeat,
Ashurst
Crawford
Massey
Smith, Ariz.
Bacon
Culberson
Myers
Smith, Ga.
I quite grant, if any Senator asks for the regular order------Borah
Cullom
Nelson
Smith, Md.
Mr. CUMMINS. Mr. President, the Senator from Georgia
Newlands
Smith, S. C.
Bradley
Cummins
is under a misapprehension. I did demand the regular order.
O'Gorman
Swanson
Bran degeo
Curtis
Overman
Thornton
Bristow
du Pont
It was not demanded, however, until after the motion of the
Page
Tillman
Bryan
Fletcher
Senator from Texas [Mr. C ulberson ] was made; but as soon
Perkins
Townsend
Burnham
Gallinger
as I could thereafter I demanded the regular order.
Poindexter
Wetmore
Catron
Heyburn
Mr. BACON. I did not know of that fact.
Pomerene
W illiam s 9
Chamberlain
Johnston, Ala.
Reed
Works
Chilton
.Tones
Mr. CUMMINS. I think the R ecord w ill show th a t to be so.
Clapp
La Follette
Sanders
Mr. BACON. I think, with that fact, undoubtedly the motion
Shively
Clarke, Ark.
Llppitt
prevailing to take it up would displace the unfinished business.
Simmons
Crane
Mnrtine, N. J.
The PRESIDENT pro tempore. It was so made; and the
Th(L -PIiESIT)ENT pro tempore. Fifty-three Senators have
answered to their names. A quorum of the Senate is present. Chair is of opinion that under the circumstances the unfinished
business will be displaced if the motion prevails.
Mr. HEYBURN. I move that the Senate do now adjourn.
Mr. BACON. I quite concur in the opinion of the Chair. I
The PRESIDENT pro tempore. The Senator from Idaho
moves that the Senate adjourn. [Putting the question.] The was making my parliamentary inquiry, not knowing the fact
that the demand for the unfinished business had been made
“ ayes ” appear to have it.
by the Senator from Iowa [M r. C u m m i n s ].
Mr. REED. I call for the yeas and nays.
The PRESIDENT pro tempore. The question is upon the
I’lie yeas and nays were ordered, and the Secretary pro
motion of the Senator from Texas [Mr. C ulberson ].
ceeded to call the roll.
Mr. BACON. I would suggest that if the Senator from Iowa
Mr. R h o 'P (when his name was called). I have a pair with
the Senator 'fi*om liidu.ua [Mr. K e r n ], and therefore withhold [M r. C u m m in s ] does not wish that the unfinished business shall
my vote. I will let this announcement stand for the remainder be displaced by the withdrawal of .that demand the prevailing
o f this motion would not displace it.
o f the day.
114 70
CONGRESSIONAL RECORD— SENATE.
Mr. CUMMINS. Mr. President, I can not withdraw it, be
cause I feel under a pledge of good faith to the Senator from
Vermont [Mr. P age], who has a bill the coming on of which
depends upon the disposition of the unfinished business. I there
fore can not delay that disposition, except in so far as it is nec
essary to consider conference reports and appropriation bills.
The PRESIDENT pro tempore. The roll will be called. The
motion is not a debatable one.
Mr. McCUMBER. Before the roll is called I want to get
the parliamentary status. I understood that unanimous co;
sent was yesterday given that immediately on the disposltiojrof
the pending business the bill in which the Senator from Ver
mont has been interested should become a special oriier. I
want to know whether I am correct that there was a unanimousconsent agreement that it should become the special order?
The PRESIDENT pro tempore. The Senator is correct.
Mr. McCUMBER. Very well. Then I want to ask a further
question. If tlie unfinished business is disposed of by being
displaced in any way, I ask if then the bill of the Senator from
Vermont, under the unanimous-consent agreement, will not be
come the business of the Senate, and not this joint resolution?
The PRESIDENT pro tempore. The Chair thinks not. It
is always within the power of the Senate to determine its pro
cedure.
Mr. BRISTOW. Mr. President, did I understand the Chair
to declare that it was by unanimous consent that Senate bill
No. 3 should be taken up on the disposition of the unfinished
business? On the calendar it only stands as a special order
and it does not appear that any such unanimous consent has
been given.
Mr. PAGE. The R ecord shows unanimous consent.
Mr. BRISTOW. It is not^w w i«*^'e^4ibfi^alendar.
Mr. McCUMBER.
is t h e effect o f a N
»p%iaI order?
Has not a specialsrffev bv .jg^animmis^consent the rtS L force
and effect of a^uttommotTlVcohserit agreement1
?
■
Mr. SM-VPlUof Georgia. Unanimous consent took the pla
of irfo te on the special order.
Mr. CULBERSON. I call for the regular order, Mr. President.
The PRESIDENT pro tempore. The question is on the mo
tion of the Senator from .Texas [Mr. Culberson] that the
Senate proceed to the consideration of Senate bill 3315. T , h,
Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CULLOM (when his name was called). Iharre a general pair with the junior Senator fi'om Wesj**^irginia [Mr.
C hilton ]. A s he is absent, I withhold mjfc^ffe
Ir. HEYBURN (when his nar^**fff?called). I have a gen
era
from Alabama [Mr. B a n k h e a d ].
WhiTe he has been present to-day, I do not now see
him in the Senate Chamber, and I withhold my vote until it is
known whether he will bo present.
Mr. McCUMBER. I have a general pair with the senior
Senator from Misssissippi [Mr. P ercy]. He being absent, I
withhold my vote.
Mr. SMITH of Georgia (when his name was called). I
have a general pair with the senior Senator from Massachu
setts [Mr. L odge]. I transfer that pair to the Senator from
Maine [Mr. Gardner] and will vote. I vote “ yea.”
Mr. SMITH of South Carolina. I again announce my pair
with the Senator from Delaware [Mr. R ichardson ]. I trans
fer that pair to the Senator from Nebraska [Mr. H itchcock ]
and will vote. I vote “ yea.”
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. Clark ]. I transfer
that pair to the junior Senator from Arkansas [Mr. D a v is ] and
will vote. I vote “ yea.”
The roll call was concluded.
Mr. CHAMBERLAIN (after having voted in the affirmative).
I ask whether the junior Senator from Pennsylvania [Mr.
Oliver] has voted?
The PRESIDENT pro tempore. The Chair is informed he
has not.
Mr. CHAMBERLAIN. I have a general pair with that Sena
tor and desire to withdraw my vote.
Mr. REED. I have a pair with the Senator from Michigan
[Mr. S m it h ], who is absent. I am informed by his colleague
[Mr. T ownsend | that, if present, he would vote “ yea,” and as
that is the way I intend to vote I feel at liberty to east my
vote. I vote “ yea.”
Mr. PERKINS (after having voted in the affirmative). I
have a general pair with the Senator from North Carolina [Mr.
Overman], A s he is absent, I will withdraw my vote.
Mr. SMOOT. I am requested to announce that the Senator
from Nebraska [Mr. B rown ] is paired with the Senator from
Oklahoma [Mr. O w en ] ; that the Senator from Ohio [Mr. B ur
ton ] is paired with the Senator from Maine [Mr. J ohnson ] ;
A ugust 21,
that the Senator from Montana [Mr. D ix o n ] is paired with the
Senator from Texas [Mr. B a il e y ] ; that the Senator from Wis
consin [Mr. S te ph en s o n ] is paired with the Senator from Okla
homa riMr OmrrU,.;*<iil rfiaT'Cic
T t‘lh [Mr. SuthT
ERLAi^r^isJ>*lfed with the Senator fronh*^aryland [Mr.
R a -Yn e r J
'Tli^fesult was announced*-yeas 38, nays 9, as foil
A sh u rst
Bacon
Borah
Bradley
Bristow
Bryan
Burnham
Clapp
Clarita, Ark.
Culberson
Brandegee
Catron
Crane
Bailey
Bankhead
Bourne
Briggs
Brown
Burton
Chamberlain
Chilton
Clark. Wyo.
Crawford
Cullom
Curtis
Y E A S— 38.
Fletcher
.
Newlands
Johnston, Ala.
O’Gorman
J one3
Page
La Follette
Poindexter
McLean
Fomerene
Martin, Va.
Reed
Martine, N. J.
Shively
Massey
Simmons
Myers
Smith, Arlz.
Nelson
Smith, Ga.
N AY S— 9.
Cummins
Gallinger
Dillingham
Smoot
NOT VO TIN G — 47.
Davis
Johnson, Me.
Dixon
Kenyon
Kern
du Pont
Fall
Lea
Foster
Lippitt
Gamble
Lodge
Gardner
, McCumber
Oliver
Gore
Overman
Gronna
Owen
Guggenheim
Heyburn
Paynter
Penrose
Hitchcock
Smith, M d^x
Smith, S. C . \
Stone
\
Swanson
\
Thornton
Tillman
Townsend
Williams
Wetmore
Works
Percy
Perkins
Rayner
Richardson
Root
Sanders
Smith, Mich. /
Stephenson /
Sutherland /
Warren
/
Watson f
/
f
The PRESIDENT pro tempore. A quorum has not voted.
The roll will be called.
/
Mr. CULBERSON. I suggest that the roll f>f absentees be
called.
The PRESIDENT
IViPPpwm Tue rule is imperative that
the roll shall be called in the event of the absence of a quorum.
The Secretary will call the roll.
The Secretary called the roll and the following Senators anwered to their names:
Ashurst
Cullom
Simmons
Bacon
Borah
Bradley
Bristow
Bryan
Burnham
Catron
Chamberlain
Chilton
Clapp
’ __
Cummins
Diilingham
dn Pont
Fletcher
Gallinger
Heyburn
Johnston, Ala.
.Tones
La Follette
Clarke
CuiWfson
M artip^f N. J.
Smith,
Smith,
Smith,
Smith,
Smoot
Ariz.
Ga.
Md.
S. C.
Thornton
Townsend
Wei more
Williams
The PRESIDENT pro tempore. Fifty-one Senators have
answered to their names. A quorum is present. The roll will
again be called, on the motion of the Senator from Texas to
proceed to the consideration of a certain bill.
The Secretary proceeded to call the roll.
Mr. CHAMBERLAIN (when his name was caHgji>r'T'am
paired with the junior Senator from Pennsylv^uHtT'tMr. O liver ]
and therefore withhold mv vote.
___——"
Mr. DILLTNUjIIAM ( u Huh lim iiam e was called). In the
absence of the senior Senator from South Carolina [Mr. T il l
m a n ], with whom I have a pair, I withhold my vote.
Mr. ROOT (when his name was called). On account of the
pair heretofore announced I withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
According to the pair already announced, and the transfer made
on the previous vote, I will vote. I vote “ yea.”
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. Cla rk ]. I trans
fer it to the junior Senator from Arkansas [Mr. D a v i s ] and
will vote. I vote “ yea.”
T h i roll call was concluded.
Mr. WILLIAMS. I wish to announce the fact that my col
league [Mr. P ercy] is absent necessarily and is paired.
like to have this announcement stand for the day.
I should
Mr. WARREN. I wish to announce my general pair with the
Senator from Louisiana [Mr. F oster].
Mr. SMITH of Georgia (after having voted in the affirma
tive). I did not announce my pair with the senior Senator
from Massachusetts [Mr. L odge], but I announced on a former
vote that I transferred it to the junior Senator from Maine
[Mr. J ohnson ]. I let that transfer stand and let my vote
stand, and let this announcement stand for the day. .
Mr. CHILTON. My colleague [Mr. W atson ] is necessarily
absent and is paired with the senior Senator from New Jersey
[Mr. B riggs].
Mr. LA FOLLETTE. The junior Senator from North Da
kota [Mr. Gronna } is unavoidably absent. If present, he would
vote “ yea.”
CONGRESSIONAL RECORD— SENATE.
1912.
I also desire to announce that the junior Senator from South
Dakota [Mr. C rawford] is not in the Chamber, but if present
would vote “ yea.” He is obliged to be away.
Mr. CULBERSON (after having voted in the affirmative).
I desire to inquire if the Senator from Delaware [Mr. dtj P ont ]
has voted.
The PRESIDENT pro tempore. The Chair is informed he
has not voted.
Mr. CULBERSON. I am compelled to withdraw my vote,
being paired with that Senator.
Mr. WILLIAMS (after having voted in the affirmative). I
should like to ask whether the Senator from Pennsylvania [Mr.
P enrose] has voted?
The PRESIDENT pro tempore. He has not voted, the Chair
is informed.
Mr. WILLIAMS. I withdraw my vote.
Mr. JONES. I desire to announce that the Senator from
Michigan [Mr. T ownsend ] is necessarily absent. If present he
would vote “ yea.”
Mr. CHAMBERLAIN. I have a pair with the junior Senator
from Pennsylvania [Mr. O liver]. I transfer it to the Senator
from North Dakota [Mr. G bonna ] and will vote. I vote “ yea.”
Mr. BRYAN (after having voted in the affirmative). I will
have to withdraw my vote because of n y pair with the Senator
from New Mexico [Mr^J&WEfTas he nasTTfft'-^ted.
Mr. CULBERS££fT I transfer my pair with tmS^enntor from
Delaware [M iy d u P ont ] to the Senator from Sofrt^i Dakota
[Mr. C rawford] and will vote. I vote “ yea.”
The result was announced—yeas 39, nays 4, as follows^
As hurst
Bacon
Borah
Bradley
Bristow
Burnham
Chamberlain
Chilton
Clapp
Clarke, Ark.
Brandegee
Bailey
Bankhead
Bourne
Briggs
Brown
Bryan
Burton
Catron
Clark, Wyo.
Crawford
Cummins
Curtis
Davis
Y E A S — 39.
Culberson
Myers
Cuilom
Nelson
Fletcher
Newlands
Johnston, Ala.
O’Gorman
Jones
Overman
La Follette
Page
McLean
Perkins
Poindexter
Martin, Va.
Pomerene
Martine, N. J.
Reed
Massey
N A Y S — 4.
Gallinger
Crane
NOT VOTING— 51.
Kenyon
Dillingham
Kern
Dixon
Lea
du Pont
IJppitt
Fall
Foster
Lodge
McCumber
Gamble
Oliver
Gardner
Owen
Gore
Paynter
Gronna
Guggenheim
Penrose,
Ileyburn
Percy
Rayner
Hitchcock
Richardson
Johnson, Me.
>
v
Shively
\
Simmons
Smith, Ariz.
%
Smith, Ga.
Smith. Md.
Smith, S. C.
r vr £
v
Stone
:* 1
Swanson
, ...(.J
Thornton
Smoot
Root
Sanders
Smith, Mich.
Stephenson
Sutherland
Tillman
/
Townsend *
Warren
W atson ~
Wctmoro
W illiam s
Works
‘
' -£
:• J;
ThQ PRESIDENT pro tempore. No quoruiq-has voted. The
roli wTft-ggain be called.
Mr. SMOox. I move that the Senatu-dfljourn until 11 o’clock
to-morrow morSfftg*-.. .............
The motion was rejected.
The PRESIDENT pro tempore. The previous roll call having
disclosed the absence of a quorum, the roll will again be called.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Borah
Bradley
Bristow
Bryan
Burnham
Chamberlain
Chilton
Clapp
Clarke, Ark.
Culberson
Cullom
Dillingham
Fletcher
Gallinger
Johnston, Ala.
.Tones
La Follette
Martin, Va.
Martine, N. J.
Massey
Myers
Nelson
Newlands
O’Gorman
Overman
Page
Perkins
Poindexter
Pomerene
Reed
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Stone
Swanson
Thornton
Warren
W illiam s
H O U SE B I L L R E F E R R E D .
H. R. 26371. An act makihg appropriations for the legislative,
executive, and judicial expenses of the Government for the
fiscal year ending June 30, 1913, and for other purposes, was
read twice by its title and referred to the Committee on Appro
priations.
v
C A M P A IG N
CO N TRIB U TIO N S.
The PRESIDENT pro tempore. The question is on the motion
made by the Senator from Texas [Mr. Culberson ] that the,,
Senate proceed to the consideration of Senate bill 3315, the title ?
of which will be read.
The S ecretary. A bill (S. 3315) to prohibit corporations/
from making contributions in connection with political elec-/
tions and to limit the amount of such contributions by indiy
vidua! s or persons.
The 'PRESIDENT pro tempore. On this question the yeas
and nays have been ordered, and the Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CHAMBERLAIN (when his name was palled). I have a
general pair with the junior Senator from Pennsylvania [Mr.
Oliver ],
I transfer that pair to the Senator 'from North
Dakota [Mr. G r o n n a ] and vote. I vote “ yea.”
Mr. CHILTON (when his name was called. I have a gen
eral pair with the Senator from Illinois [Mr. C u l l o m ],
Mr. SMITH of South Carolina (when his name was called).
I again announce my pair and the transfer of my pair as on
the previous vote. I vote “ yea.”
Mr. STONE (when his name was called). I transfer my pair
w ith the Senator from Wyoming [Mr. C l a r k ] to the Senator
from Arkansas [Mr. D a v is ] and vote “ yea.”
The roll call was concluded.
Mr. DILLINGHAM. I again announce my pair with the
senior Senator from South Carolina [Mr. T i l l m a n ], I will let
this announcement stand for all subsequent votes to-day.
Mr. BRYAN (after having voted in the affirmative). I with
draw my vote, inasmuch as the Senator from New Mexico [Mr.
F a l l ], with whom I am paired, has not voted..
. Mr. CULBERSON (after having voted in the affirmative).
I will again announce the transfer of my pair with the Senator
from Delaware [Mr. du P ont ] to the Senator from South Da
kota [Mr. C rawford] and let my vote stand.
The result was announced—yeas 35, nays 2, as follows:
/
Ashurst
Bacon
Borah
Bristow
Burnham
Chamberlain
Clapp
Clarke, Ark.
Culberson
Bailey
Bankhead
Bourne
Bradley
Brandegee
Briggs
Brown
Bryan
Burton
Catron
Chilton
Clark, Wyo.
Crane
Crawford
Cullom
Y E A S — 35.
O’Gorman
Fletcher
Johnston, Ala.
Overman
Page
Jones
Perkins
La Follette
Poindexter
Martin, Va.
Pomerene
Martine, N. J.
Reed
Massey
Myers
Shively
Simmons
Newlands
N A Y S — 2.
Smoot
Gallinger
NOT V O TIN G — 57.
Johnson, Me.
Cummins
Kenyon
Curtis
Kern
Davis
Lea
Dillingham
Lippitt
Dixon
Lodge
du Pont
McCumber
Fall
McLean
Foster
Nelson
Gamble
Oliver
Gardner
Owen
Gore
m Paynter
Gronna
Penrose
Guggenheim
Percy
Heyburn
Rayner
Hitchcock
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson
Thornton
W illiam s
Richardson
Root
Sanders
Smith. Mich.
Stephenson
Sutherland
Tillman
Townsend
Warren
Watson
Wetmore
Works
Mr. WILLIAMS. I move that the Sergeant at Arms be di
rected to request the attendance of absent Senators.
Mr. MASSEY. I mote that the -Semite -adjourn until 11
Mr. CULBERSON. I suggest that the absentees be called.
o’clock to-morrow.
The Senate refused to adjourn, there being on a division—
The PRESIDENT pro tempore. The names of the absentees
will be called.
ayes 8, noes 22.
The PRESIDENT pro tempore. The Senator from Missis
Mr. OLIVER and Mr. BRANDEGEE entered the Chamber
sippi moves that the Sergeant at Arms be directed to request
and answered to their names.
The PRESIDENT pro tempore. Forty-eight Senators have the attendance of absent Senators.
The motion was agreed to.
answered to their names. A quorum is present. The Senate
will receive a message from the House o f Representatives.
The PRESIDENT pro tempore. The Sergeant at Arms will
execute the order of the Senate.
M ESSAG E FROM T H E H OU SE.
Mr. BANKHEAD entered the Chamber and answered to his
A message from the House of Representatives, by J. C. South,
its Chief Clerk, returned to the Senate in compliance with its name.
Mr. CULBERSON. I move that the Senate adjourn until
request the bill (H. It. 15181) for the relief of Harry S. Wade,
10 o’clock to-morrow.
together with the amendment of the Senate thereto.
The PRESIDENT pro tempore. The Senator from Texas
The message also announced that the House had passed a
bill (II.
26371) making appropriations for the legislative, moves that the Senate adjourn.
The motion was agreed to; and (at G o’clock and 14 minutes
executive, and judicial expenses of the Government for the
fiscal year ending June 30. 1913. and for other purposes, in p. m.) the Senate adjourned until to-morrow, Thursday, Au
gust 22, 1912, at 10 o’clock a. m.
which it requested the concurrence of the Senate.
114 72
CONGRESSIONAL RECORD— HOUSE.
HOUSE OF KEPRESENTATIVES.
W ednesday,
August 21, 1912.
The House met at 12 o’clock noon.
The Rev. M. A. Matthews, D. D., pastor of First Presbyterian
Church of Seattle, Wash., offered the following prayer:
Kind heavenly Father, we are grateful to Thee for the preser
vation of our lives until this moment. Pardon every sin we
have ever committed. Guide this House of Representatives
through the duties and responsibilities of this day. Bless the
officers and officials attached thereto. Cause everything to re
dound to Thy glory and the advancement of Thy Kingdom; and
when Thou hast finished with us in this world, gather us to
that beautiful home above. We ask it for Christ’s sake. Amen.
The Journal of the proceedings of yesterday was read and
approved.
LE GISLATIV E,
EXECUTIVE,
AND JU D IC IA L
VETO MESSAGE.
APPROPRIATIO N
BILL—
The SPEAKER. The Chair lays before the House the follow
ing message from the President of the United States, which the
Clerk will read.
The Clerk read as follow s:
To the House of Representatives:
I return herewith H. R. 26321, an act entitled “An act mak
ing appropriations for the legislative, executive, and judicial
expenses of the Government for the fiscal year ending June 30,
1913. and for other purposes,” without my approval, because
the bill still contains in section 9 a provision for the repeal of
the act establishing the Commerce Court.
My objections to this repeal are stated in my message return
ing without approval H. R. 24023, communicated to the House
of Representatives on August 15 last.
W m . H. T aft .
T he W hite H ouse, August 21, 1012.
Mr. FITZGERALD. Mr. Speaker, I move that the bill do
pass the objection of the President notwithstanding.
The SPEAKER. The question is, Will the House on recon
sideration agree to pass the bill the objections of the President
to the contrary notwithstanding?
Mr. FITZGERALD. Mr. Speaker, I ask unanimous consent
to print in the R ecord that portion of the President’s message
of August 15 in which he assigns what purport to be reasons
for the veto of this bill, on the ground that it abolishes the Com
merce Court.
The SPEAKER. The gentleman from New York asks unani
mous consent to print in the Congressional R ecord that por
tion of the President’s message of August 15 vetoing the legis
lative, executive, and judicial appropriation bill, which refers
to the Commerce Court.
Mr. MANN. It will not be very easy to differentiate the rest
of the message from that portion referring to the Commerce
Court.
Mr. FITZGERALD. This bill is vetoed because of the pro
vision relating to the Commerce Court. The other portion of
the message refers to the civil-service tenure provision.
Mr. MANN. And part of the message refers to the subject
of legislation on appropriation bills.
Mr. FITZGERALD. I have no objection to that, and with
it I shall put in the remarks I made on the subject myself the
other day.
Mr. CANNON. I think the wliTile of the message ought to be
printed, because, as I recollect it, it was vetoed on account of
two provisions. Now, in passing the bill you substantially
make a portion of the veto message meet his statement, so far
as the civil service in concerned, or the tenure of office of clerks
in the departments, and the two necessarily go together.
Mr. FITZGERALD. They do not. The gentleman is mis
taken. The message has a distinct reference to the civil-service
provision, and I do not wish the public mind to be confused in
reading this R ecord by having that injected into it.
Mr. MANN. That is the reason why I want the whole mes
sage printed.
Mr. FITZGERALD. But I want this particular part of the
message printed as a part of my remarks.
The SPEAKER. Is there objection to the request of the gen
tleman from New York?
Mr. MANN. I ask unanimous consent that the entire mes
sage of the President, the former veto message, be inserted.
Mr. FITZGERALD. I object to that request at this time.
The SPEAKER. The gentleman from New York objects.
Mr. MANN. Then I ask that it be inserted as a part of my
remarks.
The SPEAKER. The Chair will submit the request of the
gentleman from New York [Mr. F itzgerald] first.
A ugust 21
Mr. MANN. I will object, Mr. Speaker, unless they are rmt
together.
' 1 1
The SPEAKER. Then the Chair will put them together
The gentleman from New York [Mr. F itzgerald] asks unani
mous consent to print that part of the President’s message of
August 15, vetoing the legislative, executive, and judicial ap
propriation bill which pertains to the Commerce Court as n
part of his remarks, and the gentleman from Illinois [Mr
M a n n ] couples with that a request to-----Mr. FITZGERALD. Mr. Speaker, I ask that my request be
submitted separately.
The SPEAKER. Is there objection?
Mr. MANN. I object, unless the gentleman is willing to
couple with it the request that I made.
The SPEAKER. The gentleman from Illinois objects.
Mr. FITZGERALD. Then, Mr. Speaker, I ask to have read
in my time that part of the message I referred to.
The SPEAKER. The gentleman from New York [Mr. F itz
gerald] asks that there be read in his time that part of the mes
sage he referred to.
Mr. MANN. I shall object to that.
Mr. FITZGERALD. Then I move, Mr. Speaker, as I have
the right, to have it read in my own time.
Mr. MANN. Well, Mr. Speaker, I will withdraw the objec
tion, if the gentleman is so much afraid to print the entire
speech and w ants to cull out extracts from it.
T
The SPEAKER. The gentl'eman from Illinois withdraws his
objection, and the Clerk will read.
Mr. MANN. It is not necessary for the Clerk to read, j
withdraw my objection. It can be printed. I withdraw my ob
jection to printing it.
The SPEAKER. The Clerk will read. The gentleman front
Illinois withdraws his objection to the request of the gentleman
from New York to print that part of the message that has been
two or three times referred to.
Mr. FITZGERALD. Mr. Speaker, I intend to print the first
portion, and-----The SPEAKER. The gentleman from Illinois has withdrawn
his objection.
Mr. FITZGERALD. I wish to state, for the benefit of the
gentleman, that I will print that portion where, speaking of the
two causes of the veto, the President assigns the first, that
portion relating to the civil service, which I shall eliminate.
I say I wish that to be printed before I address the Chair in
the few remarks I -wish to make on this veto message.
The SPEAKER. Is there objection? [After a pause.] The
Chair hears none.
The extract from the message is as follow s:
“ To the House of Representatives:
“ I return herewith, without my approval, PI. R. 24023, entitled
‘An act making appropriations for the legislative, executive, and
judicial expenses of the Government for the fiscal year ending
June 30, 1913, and for other purposes.’ This is one of the
great supply bills necessary for the maintenance of the Gov
ernment, and it goes without saying that nothing but reasons of
especial importance would lead me to interpose objections to its
passage.
“ In a message returning the Army appropriation bill to the
House of Representatives with my objections to its approval,
under date of June 17, 1912, I ventured to point out the dangers
inherent in the practice of attaching substantive legislation to
appropriation bills, and I need not repeat them here. It is
sufficient to say, however, that when it is thought wise by Con
gress to include in general supply bills important substantive
legislation, and the Executive can uot approve such legislation,
it is his constitutional duty to return the bill with his objec
tions, and the responsibility for delay in the appropriation of
the necessary expenses to run the Government can not rest upon
the Executive, but must be put where it belongs—upon the
majority in each House of Congress that has departed from the
ordinary course and united with an appropriation bill amend
ments to substantive law-. The importance and absolute neces
sity of furnishing funds to maintain and operate the Govern
ment can not be used by the Congress to force upon the Execu
tive acquiescence in permanent legislation which he can not
conscientiously approve.
“ There are two provisions in this bill w hich I can not permit
T
to become law with my approval. One concerns the permanent
statutory regulation of the tenure of office of those now in
cluded within the classified service in the departments and in
dependent establishments of the Government within the District
o f Columbia. The other is a provision repealing the statute
creating a Commerce Court, to consist of five circuit judges, for
the purpose of passing on appeals from the decisions of the In
terstate Commerce Commission.
«
=
*
*
*
*
*
*
1912.
CONGRESSIONAL RECORD— SENATE.
115 3 1
Mr. LA FOLLETTE. Mr. President-----The PRESIDENT pro tempore. Forty-eight Senators have
answered to their names. A quorum of the Senate is present.
The PRESIDENT pro tempore. Does the Senator from
Mr. DU PONT. Mr. President, I move the adoption of the Georgia yield to the Senator from Wisconsin?
Mr. BACON. I do.
conference report on the Army appropriation bill.
Mr. LA FOLLETTE. If the Senator will yield just to permit
Mr. BACON. What is that?
The PRESIDENT pro tempore. The Senator from Delaware me to make an inquiry, I should like to inquire of the chairman
asks for the present consideration of the conference report on of the committee if this conference report has been printed?
Mr. DU PONT. It has been printed; yes.
the Army appropriation bill.
Mr. McCUMBER. Mr. President, before that is done, I should
Mr. LA FOLLETTE. I have called for a printed copy and
like to have the Senator in charge o f the conference report have been unable to get one.
make some explanation of the new provision which, in sub
Mr. DU PONT. It was printed in the House; it has not been
stance, makes the term of enlistment seven years. From what printed in the Senate, for there has not been time.
I have learned of the Army since I have been here, I have been
Mr. LA FOLLETTE. I should like to examine the provisions
of the opinion that it was with the utmost difficulty that privates o f the conference report.
were kept in the service even one year, and that most of them
Mr. BACON. We ought to have time to examine it. The
were trying to get out. I f we are now to publish to the world idea that a matter of this kind, which, as I say, not only revo
that the term of enlistment is to be for seven years, it seems to lutionizes the organization of the Army, but the entire military
me that we shall have some difficulty in securing enough young, system of this country, converting it into the German system,
aggressive, independent Americans to fill up the quota even of our and only needed to be extended to make it absolutely the Ger
small standing Army. I myself have always believed that there man system—to say that we shall be called on to pass on this
ought to be some way by which any person who had been lured on a conference report, injected here improperly, not belonging
into joining the Army in times o f peace might get out of his to it at all, is going pretty far, to say the least.
bargain if he wanted to do so, and that there ought to be a way,
Mr. President, there is much more in it than a mere question
upon giving three or six months’ notice, by which he could of bounty or length of service. This is not a legitimate action
sever his connection with the Army, without having to go to on the part of the conferees. It is altogether new matter, and,
the penitentiary for attempting to do so. I believe we ought to as I have said, is nothing but an old acquaintance brought back
liberalize it just as much as possible. Personally, I do not fall here in a new guise. It was before us as an independent bill
in with the idea of having a sort of semistanding Army scat some 10 or 12 years ago, and was resisted most strenuously and
tered among the public generally, which may be called upon at finally defeated. Now, Mr. President,.I do insist that this re
any time to enter the service. I do not like the military idea port go over until we have an opportunity to examine it, for
permeating the generality of our citizenship, and I wish the we have never even had an opportunity to read it.
Senator would explain exactly what the new provision means,
Mr. DU PONT. Mr. President, in reply to the Senator from
and especially what is to be gained by it.
North Dakota [Mr. M c C t j m b e b ] , who has asked me to make
Mr. DU PONT. Mr. President-----some explanation in regard to the enlistment provision of the
The PRESIDENT pro tempore. Before the Senator from conference report, and also replying to some of the remarks of
Delaware proceeds, the Chair will have Rule X X V II read, so the Senator from Georgia [Mr. B a c o n ] , I will say, in the first
that there may be no misunderstanding as to the parliamentary place, that the provision as to an Army reserve has no relation
situation.
whatever to the reserve measure to which the Senator from
The Secretary read Rule X X V II, as follows:
Georgia refers, which measure was proposed when the Senator
from New York [Mr. R o o t ] was Secretary of War and was
T h e p r e s e n t a t i o n o f r e p o r t s o f c o m m it t e e s o f c o n f e r e n c e s h a ll a l w a y s
h e in o r d e r , e x c e p t w h e n t h e J o u r n a l is b e in g r e a d , o r a q u e s t io n o f
based on a totally different principle. It involved an expendi
o r d e r , o r a m o t io n t o a d jo u r n is p e n d in g , o r w h il e t h e S e n a t e is d i v i d
ture in time o f peace for the maintenance and upkeep of the
in g ; a n d w h e n r e c e iv e d , th e q u e s t i o n o f p r o c e e d i n g t o th e c o n s i d e r a
reserves. The provision before the Senate does not involve the
t i o n o f t h e r e p o r t , i f r a is e d , s h a ll b e i m m e d ia t e ly p u t , a n d s h a l l be
d e t e r m in e d w it h o u t d e b a te .
expenditure of a single penny during time of peace and will
The PRESIDENT pro tempore. The Chair has had the rule cost the Government nothing except in the event of war. When
read for the reason that debate can only be had by unanimous there are actual or threatened hostilities it is provided that the
reserve may be called out, not by the President alone, but with
consent.
Mr. BACON. Mr. President, I ask unanimous consent just the consent of Congress, which seems to me a conservative
proposition.
to say a word in regard to this matter.
The bill as proposed by the House changed the period of
I want this report to go over until we can have an oppor
tunity to examine it. To bring in here a provision of this kind, enlistment from three to five years. The Senate disagreed to
which I think is absolutely foreign, in the first place, to the the proposition and insisted on the maintenance of the threefunctions of a conference report, and talk about our being re year term of enlistment. As a compromise a basic term of
quired to go into a consideration of it without an opportunity four years was provided as an enlistment period, and in connec
tion with this compromise a suggestion was made and favor
to read it or anything else-----ably considered by the unanimous vote o f the conferees that
Mr. SMITH of Georgia. Or any right to amend it.
Mr. BACON (continuing). Or any right to amend it, it seems the period o f nominal enlistment should be increased, the real
to me is hardly fair. I want to say one word in regard to enlistment being for four years absolutely and for three years
this matter. I recognize this bill as an old acquaintance. The permissively. The nominal enlistment includes service in the
feature of this bill about a reserve was here as an independent reserve, and service in the Army reserve involves no military
bill 10 or 12 years ago, and after a very long discussion of it duty whatever unless the reservists be called out and service
in the Senate, that feature now embraced here was defeated in rendered to the Government. In time of peace service in the
the Senate. As it is now brought in, it is exactly the same Army reserve, if it can be called service, imposes no expense to
thing. It does not originate in the Senate. It comes from the Government, there being no pay or allowances attached to
it. It is provided, however, that if we were threatened with
the War Department.
Mr. WARREN. Oh, Mr. President, the Senator wants to be war or actually engaged in war and Congress authorizes the
correct. It originated in the other House, so far as the length calling out of the Army reserve, then, in that event, the re
servists# shall be paid for the time they are actually engaged in
of service is concerned.
Mr. BACON. I am not talking about the length of service; the service of the United States.
Mr. McCUMBER. May I ask the Senator a question right
that is an entirely different thing.
Mr. WARREN. If the Senator will allow me to finish, the there, Mr. President?
Mr. DU PONT. Yes.
term of service in the House bill was five years, and in com
Mr. McCUMBER. What is to be gained by having this sort
promising the differences between the two Houses tlfe time was
both lengthened and shortened. It was shortened to a four of a reserve many?
Mr. DU PONT. I was just coming to that.
years’ positive or a three years’ permissive term under the
Mr. McCUMBER. Allow me to finish the sentence-----colors, with the other four years in reserve without salary,
Mr. DU PONT. I will say to the Senator from North Da
unless, perchance, the reserve were called into active service.
Then there was a reserve also provided for in the bill when it kota that the object to be gained by an Army reserve is as
follows: I suppose the Senator is aware that the strength of
passed the Senate-----Mr. DU PONT. I will add to that the statement that the the regular companies, troops, and batteries of the Regular
Army on a war footing is nearly twice as great as in time of
reserve will not be called out except by authority o f Congress.
Mr. BACON. Mr. President, this is an utter revolution of peace?
Mr. OVERMAN. Does this report present the same provi
our whole Army organization and Army system. It is the con
verting of this country into a military organization in part, sions as the bill on the calendar which has been so much ob
jected to?
and when extended will be so in whole.
115 3 2
CONGRESSIONAL RECORD— SENATE.
Mr. DU PONT. That is a totally different measure, which
deals with the raising of Volunteer troops. This measure deals'
only with soldiers in the Regular Army, and has no analogy or
connection whatsoever with the bill to which the Senator re
ferred.
Mr. McCUMBEIt. May I suggest to the Senator that at the
time of the Spanish-American War the Government simply
called upon the several military organizations of the Slates, the
State Militia, the National Guard, and so forth, and there were
twice as many as could be taken by the Government; and since
that time the number has increased probably four or five fold
at leastV Does not the Senator believe, with the vast number
of these military organizations in every State, that in almost
any kind of a war in which we could be engaged we could call
out a sufficient number, and more than a sufficient number, who
would immediately volunteer, without the necessity of having
this semistanding army scattered over the country?
Mr. DU PONT. The semistanding army, as the Senator
styles it, will amount under the provisions of this bill to a
maximum of not "over 40,000 men, and most probably will be
nearer 25,000 men. There are less than 13,000 men discharged
from the Regular Army every year, who would pass into the
reserve. In two years that would amount to about 25,000 or
27.000 men at most, and if some of the three-year men are per
mitted to enter the reserve the figures might be as high as some
35.000 men; but I doubt very much if the army reserve would
ever exceed those figures. The purpose is to render the Regu
lar Army efficient to meet the situation should we become in
volved suddenly in hostilities. When the companies are doubled
in strength, it is plain that if you add to them raw, untrained
men the Army will not be as efficient as if you fill up the ranks
with old soldiers, who are familiar with the discipline, with the
service, with the manual of arms, and the duties of a soldier
in general. That is the idea of this provision of the bill and
that is all it involves. It will cost the Government nothing; it
is a measure of small proportions, so far as numbers are con
cerned. There is no semistanding army involved; it is simply
intended to promote the Immediate readiness and efficiency of
the Regular Army in case we are suddenly called upon to repel
invasion. In my judgment it will do this, in large measure,
provided that the men will enlist for six or seven years find are
not deterred by that long period. Although the idea is largely
experimental, the War Department instructed its recruiting
officers some time ago to question every recruit who enlisted—
of course under the present three-year term—as to whether he
would object to enlisting for six years if he were allowed to go
home at the end of three years and not be called out except in
case of war.
So it was reported to the committee that the returns showed
that over 90 per cent of those enlisting said they had no objec
tion whatever to that. Based on those facts and the urgent
recommendation of the War Department and the practical con
clusions reached after full debate and discussion in the com
mittee and in conference, we agreed to report the measure as it
now stands.
Mr. BACON. Mr. President, I do not want to continue the
discussion longer at this time, because I want an opportunity
to read the provision.
Mr. DU PONT. Certainly.
Mr. BACON. But was there anything in the bill either
as it passed the Senate or the House about any reserve force
who should go into civil life?
Mr. DU PONT. I will answer the Senator from Georgia in
the affirmative.
Mr. BACON. I do not believe there was.
Mr. DU PONT. I will quote to the Senator the exact lan
guage. The bill as it passed the Senate provided:
That for the purpose of utilizing as an Army reserve the services of
men who have had the experience and training in the Regular Army,
in time of war or when war is imminent—
And so on. That is the provision to which I refer.
Mr. LA FOLLETTE. On what page is that?
Mr. DU PONT. On page 9 of the bill under the head of
“ Pay of enlisted men.”
The PRESIDENT pro tempore. The question is on agreeing
to the motion of the Senator from Delaware that the Senate
proceed to the consideration of the conference report.
Mr. BACON. I trust the Senator from Delaware will give
us an opportunity to examine the report. We have had no
chance at all to read it, and to me the request seems unrea
sonable. I can recognize it by even glancing at it, but as to
reading it through carefully, it.is impossible to do so at this
time, and I trust the report will not now be taken up.
Mr. DU PONT. It is a simple subject and involves no ex
penditure of public money; and there is so much crowding upon
us in the closing hours of Congress that, as much as I would like
A ugust 22,
to oblige the Senator from Georgia, I must insist upon nlv
motion.
Mr. BACON. Mr. President-----The PRESIDENT i ro tempore. The motion is not deb \table
The question is on agreeing to the motion of the Senator froiJ
Delaware.
Mr. REED. Does it not require unanimous consent?
The PRESIDENT pro tempore. It does not.
Mr. REED. I thought there had been a unanimous consent
preceding that.
The PRESIDENT pro tempore. There had not been. The
report was presented and read, and then the Senator from
Delaware moved to proceed to its consideration.
Mr. REED. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary pro_
ceeded to call the roll.
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from West Virginia [Mr. C hilton l
I transfer the pair to the senior Senator from South Dakota
[Mr. G amble ] and will vote. I vote “ yea.”
Mr. DU PONT (when his name was called). I have a gen.
eral pair with the senior Senator from Texas [Mr. C u l b e r s o n ] '
As I do not see him in the Chamber, I withhold my vote, ij
I were at liberty to vote, I should vote “ yea.”
Mr. GUGGENHEIM (when his name was called). In the ab
sence of my general pair, I withhold my vote.
Mr. REED (when his name was called). I have a pair with
the Senator from Michigan- [Mr. S m it h ]. I transfer the paiv
to the Senator from Nevada [Mr. N ew lands ] and will vote
I vote “ nay.”
The roll call was concluded.
Mr. SMITH of Georgia (after having voted in the negative)
I have a general pair with the senior Senator from Massachu
setts [Mr. L odge], and I voted inadvertently. However, 1 transfer the pair to the Senator from Nebraska [Mr. H itch cock ]
and will let my vote stand.
Mr. STONE. I have a pair with the Senator from Wyoming
[Mr. Clark ].
Mr. POMERENE. I have been requested to announce that
the Senator from Maine [Mr. Joh nson ] is necessarily a se t
b n
and that he has a general pair with my colleague, the senior
Senator from Ohio [Mr. B urton]. I will let this announce
ment stand for the week.
Mr. BRANDEGEE. I am paired with the Senator from New
York [Mr. O’Gorman]. I transfer it to the junior Senator
from Massachusetts [Mr. Crane] and will vote. I vote “ yea.”
Mr. SHIVELY. I wish to announce that my colleague [Mr.
K ern ] is unavoidably absent from the Chamber on account of
illness in his family. He is paired with the senior Senator from
New York [Mr. R oot].
Mr. BRIGGS. I am paired with the senior Senator from
West Virginia [Mr. W atson ] and wish to inquire whether he
has voted.
The PRESIDENT pro tempore. The Senator from West
Virginia has not voted.
Mr. BRIGGS. I have a pair with the senior Senator from
West Virginia, and in his absence I withhold my A-ote.
Mr. FALL. I should like to inquire whether the Senator
from Florida [Mr. B r yan ] has toted.
The PRESIDENT pro tempore. The Chair is informed that
the Senator has not voted.
Mr. FALL. I h a v e a g e n e r a l pair w i t h him. However, I am
i n f o r m e d b y t h e senior Senator f r o m Florida that i f the Senator
from Florida w e r e p r e s e n t h e would A o te “ y e a , ” and I Avifi
t h e r e f o r e Ao t e .
’
I AO te “ y e a .”
Mr. ROOT. I have a pair with the Senator from Indiana
[Mr. K ern ] and therefore withhold my vote.
Mr. DILLIN GH AM (after having voted in the affirmative).
I should like toipq-tffre if the senior Senator from South Caro
lina [Mr. TiHiafANl has voted.
'■w
The PRESIDENT pro tempore. The Senator from South
Carolina nas not voted.
\
Mr. DILLINGHAM. Then I withdraw my vote.
T h e resiilt w a s a n n ou n ced — y e a s 3 2 , n a y s 17, a s fo llo w s
Y E A S— 32.
Cullom
.Tones
Perkins
Bankhead
Cummins
McCumber
Bourne
Poindexter
Curtis
McLean
Bradley
Sanders
Fall
Massey
Brandegee
Smoot
Fletcher
Nelson
Bristow
Thornton
Gallinger
Burnham
Oliver
Townsend
Catron
\
Heyburn
Page
Warren
Johnston, Ala.
Penrose
Chamberlain
Wetmore
N AYS— 17.
Martin, Va.
Reed
Ashurst
Swanson
Bacon
Shively
Martine, N. J.
Williams
Myers
Smith, Ariz.
Clapp
Clarke, Ark.
Smith, Ga.
Overman
Smith, Md.
La Follette
Pomerene
1912.
Bailey
Borah
Briggs
Brown
Bryan
Burton
Chilton
Clark, Wyo.
Crane
Crawford
Culberson
Davis
CONGRESSIONAL RECORD— SENATE.
NOT VO T IN G — 45.
Kern
Dillingham
Lea
Dixon
Lippitt
du Pont
Lodge
Poster
Newlands
Gamble
O’Gorman
Gardner
Owen
Gore
Paynter
Gronna
Percy
Guggenheim
Rayner
Hitchcock
Richardson
Johnson, Me.
Root
Kenyon
Simmons
Smith, Mich.
Smith, S. C.
Stephenson,
Stone
Sutherland
Tillman
W atson
Works
So the Senate agreed to proceed to consider the report of the
committee of conference on the Army appropriation bill.
PERSONAL EXPLANATION— CAMPAIGN CONTRllixftTd^f^
Mr. REED obtained the floor.
Mr. PENROSE. Will the Senator from Missouri yield to me
for a moment?
Mr. REED. I desire to retain the floor, but I will yield
temporarily to the Senator from Pennsylvania.
Mr. PENROSE. I this morning offered a resolution in refer
ence to certain statements made by me in the Senate yesterday,
and I desire to modify its phraseology and have it read to the
Senate, and in that way will bring up the matter to which the
Senator from Missouri desires to address himself.
The PRESIDENT pro tempore. The resolution (S. Res.
38G) as modified will be read.
The Secretary read as follows:
Resolved, That the statement made by the senior Senator from
Pennsylvania [M r. P en r o se ] in the Senate on Wednesday, August 21.
1912, be, and is hereby, referred to the Committee on Privileges and
Elections of the Senate, or any subcommittee thereof, appointed under
Senate resolution No. 79, agreed to on April 29, 1912.
Mr. PENROSE. Mr. President, I simply want to say, if the
Senator will pardon me a moment, that I find on investigation
that the resolution under which this committee has been acting
covers the ground so far as the expenses of investigation are
concerned, or the ability to subpoena witnesses, and therefore
all I have to do in this instance is to make a special request for
the reference of this particular matter to that committee.
Mr. REED. Mr. President, a little later it is my intention
to offer an amendment to the resolution just read extending the
scope of the investigation so as to include all moneys expended
by all candidates for the nomination for President during the
present year. It has occurred to me if we are to investigate,
we might as well not stop at the mere personal controversy
now existing between ex-President Roosevelt and the senior
Senator from Pennsylvania [Mr. Penrose].
When the Senator from Pennsylvania had the floor j^esterday
he invited Members of the Senate to ask him any questions
pertinent to the matter of personal privilege he had brought
before the Senate. While the time, strictly speaking, has
passed, I nevertheless desire to ask the Senator from Pennsyl
vania a question or two which are especially inspired by the
reply of ex-President Roosevelt published in the newspapers
this morning.
Mr. President, the Senator from Pennsylvania on yesterday
stated that there was some doubt as to the authenticity of a
certain letter dated October 13, 1904.
Mr. PENROSE. Is that the letter which purported to inclose
a check?
Mr. REED. It is.
Mr. PENROSE. That is the letter regarding which I have
my suspicions as to its genuineness, but I attached no impor
tance to the statement one way or the other, and proceeded im
mediately to go on with the main issue involved, which was that
it was true that the check had been received. I only expressed
belief about the letter if genuine. It may be, it may not be.
This is rather an old transaction.
Mr. REED. The letter bore the purported date of October 13,
and professedly inclosed the certificate of deposit for $25,000,
which the Senator tells us was a contribution by Mr. Arclibold
of the Standard Oil Co. to the Pennsylvania Republican cam
paign. Can the Senator state whether the additional $100,000,
which he says was paid by the Standard Oil people to the Na
tional Republican Committee, was paid on or prior to the 13th
day of October, 1904?
Mr. PENROSE. My understanding was that it was paid on
or about that time; perhaps a little time before that. Just how
it was paid I do not recollect at this time, and it may be I did
not know exactly at any time. I am positive that those details
will come out in the investigation, which I expect will be
promptly made by the Committee on Privileges and Elections.
As near as I can recall it now, the check .to the national com
mittee was given to them early in October.
115 3 3
Mr. REED. I want to ask the Senator what he has to say to
this statement of President Roosevelt as it appears in the Wash
ington Post of this morning?
Col. Roosevelt then read from copies of letters which he said he
had sent to Mr. Cortelyou in the latter part of October, 1904.
In these letters he said that he had been informed that “ the Stand
ard Oil people” had contributed $100,000 to the campaign, and he
told Mr. Cortelyou that if it was true that such a contribution had
been made, the money should be returned at once. He wrote that, “ in
view of the open and pronounced opposition of the Standard Oil Co.
to the establishment of a bureau of corporations, one of the most
important accomplishments of my administration, I do not feel willing
to accept its aid.
I request, therefore, that the contributions be re
turned without further delay.”
That statement is said to have been made in the latter part
of October. I should like to ask the Senator whether to his
knowledge the money ever was paid. I refer to the $100,000
to the national committee. And if so, was it ever returned?
Mr. PENROSE. I understand the Senator has the paper
there before him. The date of this letter or alleged letter to Mr.
Cortelyou is about the 26th of October, is it not?
Mr. REED. Yes; the date of the letter is October 26.
Mr. PENROSE. The letter was sent about a week before
the election. It was several weeks after both the transactions
to which I referred yesterday, namely, the payment of $100,000
to Mr. Bliss and the declination to furnish a further amount
of $150,000. The letter was sent to the chairman of the
national committee. The dates indicate that.
Mr. REED. As I understand the Senator, then, the $100,000
had been received before this letter of Mr. Roosevelt was dic
tated.
Mr. PENROSE. Considerably-----Mr. REED. Had the money been spent or was it on hand
and was it, in fact, returned?
Mr. PENROSE. The information I have always had as to
the transaction was that Mr. Roosevelt was advised that the
money had been spent and could not be returned, and the letter
was sent to make a record for future reference.
Mr. REED. Mr. President, can the Senator, then, state to us
whether, in fact, the letter was written with full knowledge
that the money was gone?
Mr. PENROSE. That is my information, Mr. President.
Mr. STONE. Mr. President, let us have order. We can not
hear.
Mr. PENROSE. That is my distinct information, and also
the information of many others.
Mr. REED. I desire to ask the Senator a further question.
Does he know of any large sums of money that were con
tributed to the National Republican Committee in 1904 that
were returned to the donors?
Mr. STONE. Again I ask that there may be order in the
Chamber so that Senators may be heard.
Mr. PENROSE. Will the Senator kindly repeat his ques
tion?
The PRESIDENT pro tempore. The Senate will please be in
order and Senators will refrain from audible conversation.
Mr. PENROSE. There was such confusion in the Chamber
that I did not catch the full question.
Mr. REED. As nearly as I recall my question, it was
whether the Senator knew of any large sums of money that
had been donated to the Republican National Committee in
1904 that were returned to the donors.
Mr. PENROSE. The returning of contribution is such a rare
instance on the part of political committees that if there had
been any such case it would have made a profound impression
on my mind. I do not recall any.
Mr. REED. The Senator has no knowledge of it?
Mr. PENROSE. I have no knowledge of it, Mr. President.
Mr. REED. In this connection I desire to put into the
R e c o r d the reply of Mr. Roosevelt as it appears in the Wash
ington Post of this morning. I do not want to take time to
read it, but ask permission that it may be printed as a part of
my remarks, including the part I have just read.
'The PRESIDENT pro tempore. Is there objection? The
Chair hears none, and it is so ordered.
The matter referred to is as follows:
“ Mr. Penrose and his allies and the entire crowd of crooked poli
ticians and crooked financiers, who have attempted to make these
attacks upon me,” said Col. Roosevelt, “ have made them and are
making them not only knowing that they are false, but because thev
are false, and because that they know that the forces behind me and
which I at this time represent, are the only forces which the crooked
politicians and crooked financiers of the country have really to fear
“ The only part of Mr. Penrose’s statement that needs comment bv
me is that portion in which it is asserted that I had been advised of
a heavy campaign contribution from Mr. Archbold in behalf of the
Standard Oil Co. to the Republican national campaign committee
and that I directly or indirectly requested a contribution from M r’
Archbold and his associates interested in the Standard Oil Co. This
statement is false.”
1-■
11534
CONGRESSIONAL RECORD— SENATE.
A ugust 22,
Col. Roosevelt then read from copies of letters which he said he had
sent to Mr. Cortelyou in the latter part of October, 1904.
In these letters he said that he had been informed that “ the Standard
Oil people ” had contributed $100,000 to the campaign, and he told
Mr. Cortelyou that if it was true that such a contribution had been
made, the money should be returned at once.
He wrote that, “ in
view of the open and pronounced opposition of the Standard Oil Co. to
the establishment of a Bureau of Corporations, one of the most im
portant accomplishments of my administration, I do not feel willing
to accept its aid.
I request, therefore, that the contributions be
returned without further delay.”
“ Mr. Cortelyou informed me,” said Col. Roosevelt, “ that there had
been no contribution received from the Standard Oil people and that
none would be received. Over the phone last night, in response to a
question of mine, he stated that he had at that time made this state
ment, and that his memory and mine agreed entirely as to the circum
stances of the occurrence.
If any contribution was received it was
against my explicit and reiterated directions as set forth in these
letters.”
Col. Roosevelt then quoted from an open letter issued just prior to
the 1904 election by Mr. Cortelyou, saying that the campaign fund of
that year was much smaller than that of any presidential campaign.
During all trust prosecutions the Colonel said, no one had asked any
favor because of campaign contributions.
Referring to “ Mr. Penrose and his allies,” Roosevelt said :
“ They know that the triumph of the progressive cause, and only the
triumph of the progressive cause— that is, the Progressive Party—
means the elimination from politics of the Penroses, and means driv
ing from their intrenchment, in both business and politics, the powers
of special privilege such as the Standard Oil Co. Naturally, these men,
aided by the newspapers which they control, will stop at nothing in
order to rid themselves of the only enemies they really fear.”
h
i*
i
I
i
about everything that was going on in the national committee
I do not think there was a day, and some days an hour in the
day, when the chairman of the national committee was not ii*
communication with him over the telephone.
Mr. REED. Who was the chairman at that time?
Mr. PENROSE. I understand it was Mr. Cortelyou.
Mr. REED. Formerly Mr. Roosevelt’s secretary?
Mr. PENROSE. Yes.
Mr. REED. Will the Senator state to us what he knows in
reference to the information conveyed to the President from time
to time in regard to the progress of the campaign and the funds
that were contributed?
Mr. PENROSE. I assume, Mr. President, that as he and the
chairman were communicating every day, and sometimes every
hour of the day, and knowing the vigorous and energetic way
with which Mr. Roosevelt pursues political campaigns, that he
was not a child in the wilderness.
Mr. REED. Was he regularly consulted with reference to the
campaign as it went along?
Mr. PENROSE. It is my impression that he was very much
consulted. He absolutely named his Cabinet officer and former
Secretary as chairman of the national committee, and I suppose
that every act of that chairman was dictated by his chief.
Mr. REED. Was Mr. Cortelyou at that time in the confidence
Mr. REED. Mr. President, also in this connection I desire of the President?
Mr. PENROSE. He was put there by the President, and I do
to read a statement which I find in the New York Sun of this
not imagine he lost the confidence of the President during the
date:
I never heard that he did. He
These disclosures by Penrose are, it is acknowledged, only a begin three months of the campaign.
ning.
If Col. Roosevelt or Mr. Cortelyou attacks the Pennsylvania was absolutely designated by the President as chairman of the
Senator on the ground of his statements it is likely that Mr. Penrose
will have something further to say.
The Senator himself intimated committee. The national committee sat, in a docile way at
clearly on the floor of the Senate that he would welcome a further Chicago, until the word was received as to whom Mr. Roosevelt
discussion of this subject.
wanted for chairman.
“ There are papers on file and a number of letters accessible, inter
Mr. REED. So that, as I understand you, Mr. Roosevelt dic
esting documents,” §aid he, “ and I have no doubt as this discussion
develops during the coming campaign should any gentleman desire to tated the chairmanship of the committee?
press it these matters will see the light of day.”
Mr. PENROSE. He named the chairman of the national com
Senator Penrose added that these letters are hidden in the archives
of campaign committees and in the cellars and vaults of business mittee as absolutely as he would name his stenographer or
houses and offices of lawyers throughout the country. Penrose’s friends private secretary.
declared that he had only scratched the surface in the statement made
Mr. REED. And kept in active touch with him. I want to
by him to-day, and that when the proper time comes further docu
ask the Senator if, as a matter of fact, President Roosevelt
mentary evidence would be available.
In this connection rumors of disclosures of contributions by other largely directed the campaign? What are the facts about that?
corporations to the Roosevelt 1904 campaign were in circulation to
Mr. PENROSE. I think he chiefly directed the campaign.
day. Charges will be made soon that the Gould interests, controlling
Mr. REED. I thank the Senator.
the Missouri Pacific, contributed $100,000 to the Roosevelt campaign
In that connection and just as a bit of character sketching I
fund and that the Southern Pacific contributed a like amount. This
$100,000 contribution by the Southern Pacific, it is said, was in addi want to present the following from the New York W orld:
tion to the $240,000
New York State.
y
yv
>
that E. H. Harriman raised and dumped into
LETTER FOR THE RECORDS.
A circumstantial story was being told to-night of bow a member of
President T a ft’s Cabinet has knowledge that Roosevelt was aware of the
contribution by the Standard Oil Co. to the 1904 campaign.
It is
said that this member of the Cabinet entered Mr. Roosevelt’s office
while' he was dictating a letter to the chairman of the National Com
mittee warning him that the Standard Oil Co.’s contribution must not
be accepted.
According to the story it was pointed out to Mr. Roosevelt that the
contribution had been made 10 or 12 days previously ; that the money
had been spent and that it would be impossible to pay it back. Mr.
Roosevelt is said to have remarked then that the letter should at
least go on the record.
I ask the Senator whether he has any knowledge now of the
fact that the Missouri Pacific or the Gould interests did con
tribute to this campaign fund of 1904.
Mr. PENROSE. I have no direct knowledge, Mr. President;
simply my information at the time that large contributions were
made from those interests.
Mr. REED. Does that answer also include the Southern
Pacific?
Mr. PENROSE. That is my understanding.
Mr. REED. If I understand the Senator now, he means by
this last statement that while he was actively engaged there
with the committee he understood, as a member of the commit
tee, that these interests had contributed heavily to the fund.
Mr. PENROSE. That is correct, Mr. President. I was not in
the close personal touch with the situation that I happened to be
in relation to the particular Archbold contribution. My relation
to that situation arose from the fact that half the counties in
Pennsylvania are the original oil part of the State; that a large
number connected with the oil interests are Pennsylvanians,
and Mr. Archbold was a citizen of Pennsylvania for a great
many years and had been known to me since he had been a
young man in Titusville, in Pennsylvania, long before he was
worth a dollar. In that way I happened to be accidentally in
touch with this particular situation in a way to know the
details personally.
Mr. REED. While the Senator is on his feet may I ask him
another question? To what extent were the acts of the na
tional committee concealed from Mr. Roosevelt?
Mr. PENROSE. My observation of Mr. Roosevelt has been
that he was well calculated to have pretty superior knowledge
i
HIS GREATEST AMBITION.
“ ‘ Col. Roosevelt’s greatest ambition,’ said Greenway, ‘ is to be shot
on the field of battle.’ ”— Saturday Evening Post.
“ Nonsense! Col. Roosevelt’s greatest ambition is to be a one-man
war.
“ He wants to be the commanding generals on both sides, standing
calm and collected in front of his tents while the wireless spits out its
reports from the front, while the telephones clatter and the telegraph
clicks his orders to his corps commanders.
“ He wants to be the general staff of both armies, scrutinizing the
monster maps of the field of operations and shifting the pins that
mark the positions of-the opposing forces.
“ He wants to be the trusty scouts dashing up breathlessly from the
firing line.
“ He wants to be the roar of the artillery, the rattle of the small
arms, and the flashing detonations of the smokeless powder.
“ He wants to be the last desperate charge upon the batteries, saber
ing himself at the guns.
“ He wants to be the rear guard that bravely covers the retreat, and
the smashing attack of the reserves which turns defeat Into rout.
“ He wants to be the dead and the dying on the field of battle, who
have yielded up their lives as a last sacrifice to their beloved countries.
“ He wants to be the dust-stained correspondents painting his count
less acts of heroism in words that will never perish.
“ He wants to be the commission that negotiates peace with honor
and, lastly, he wants to be the grand review at the close of the war!
standing silently in front of the flag-draped stand, saluting himself as
he marches past and pinning medals of honor to his dauntless breast.
“ That is what the Colonel wants. ‘ To be shot on the field of battle ’
is only one of the minor incidents of his great ambition.” — New York
World.
Mr. PENROSE. Mr. President, will the Senator permit me
to interrogate him?
Mr. WILLIAMS. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Mis
souri yield to the Senator from Mississippi?
Mr. REED. I yield to the Senator from Pennsylvania.
Mr. PENROSE. Just let me ask him the date. Has the Sen
ator the date of that editorial?
Mr. REED. February 29, 1912.
Mr. PENROSE. I do not think it could have been published
within the last week or so, because only yesterday I read in one
of the August periodicals that Mr. Roosevelt’s chief ambition
was to kill a grizzly bear with a knife. [Laughter.]
Mr. WILLIAMS. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Mis
souri yield to the Senator from Mississippi?
Mr. REED. I yield to the Senator from Mississippi.
1912.
CONGRESSIONAL RECORD— SENATE.
candidates for office, and I do not, for one, wish to be put in the
position, as a Member of this Senate, o f sitting here without
protest while a resolution for an investigation of campaign
expenditures relating to a campaign in which I was a candi
date goes to the calendar and to a position from which it can
not be possibly rescued during this session, and, very likely,
not during the next session, excepting by unanimous consent.
I believe that that investigation should be made, and should
be made n ow ; and I ask unanimous consent for the present
consideration of the resolution and pending amendments.
The PRESIDENT pro tempore. The Senator from Wiscon
sin asks unanimous consent for the present consideration of the
following resolution.
The Secretary. Senate resolution 386-----Mr. HEYBURN. Let the resolution be read, Mr. President.
The PRESIDENT pro tempore. The resolution will be read.
The Secretary read the resolution, as follows:
Resolved, That the statement made by the senior Senator from
Pennsylvania, Mr. P e n r o sb , in the Senate on W ed nesd ay, August 21,
1912, be, and is hereby, referred to the Committee on Privileges and
Elections of the Senate, or any subcommittee thereof, appointed under
S. Ties. 79, agreed to on April 29, 1912.
The Committee on Privileges and Elections, or any subcommittee
thereof, is hereby authorized and directed to investigate fully into all
statements and questions of fact referred to in the statement of per
sonal privilege made by the Senator from Pennsylvania, Mr. P e n r o se ,
on the floor of the Senate August 21, 1912, including all correspond
ence and financial transactions between John D. Archbold and Mem
bers of Congress and the United States Senate from 1900 to the date
of the investigation : and further, said committee is authorized and
directed to investigate into and ascertain the amount of money ex
pended by or on behalf of any candidate seeking the nomination of any
political party formed or in the process of formation for President
during the year 1912, or by any committee or person acting for or on
behalf of such candidate, or in the interest of such candidate or party ;
and to ascertain the names of all persons, firms, or corporations con
tributing to any of the purposes aforesaid, and the amounts paid or
contributed, and how and when paid, including all sums of money used
to secure the election of delegates to any national convention or to
influence the actions of delegates at said convention.
Said committee or subcommittee is authorized to sit during the ses
sions of the Senate and during any recess of the Senate or of Congress,
and to hold sessions at such place or places as may be deemed most
convenient for the purposes of the inquiry; to employ an attorney,
stenographers, and such other clerical force as may be deemed neces
sary ; to subpoena w itnesses; send for persons, books, records, and
p apers; and to administer oaths.
Tlie PRESIDENT pro tempore. Is there objection to the re
quest for unanimous consent made by the Senator from Wis
consin?
Mr. HEYBURN. Mr. President, I object.
The PRESIDENT pro tempore. The Senator from Idaho
objects.
Mr. IIEYBURN. Mr. President, I desire to say that my ob
jection is to the resolution as an entirety. I would not object
to an opportunity being given to the Senator from Wisconsin so
far as his participation in the campaign was concerned; but the
resolution, unfortunately for the Senator from Wisconsin, is so
broad and comprehensive in its scope as to open up a subject
that, in my judgment, would be sensational and would develop
into a dragnet for the purpose of bringing into the investigation
and the report of the committee a mass of extraneous matter
that could under no circumstances be proper for the considera
tion of the people of the country at a time such as we are now
confronted with. I therefore object.
Mr. LA FOLLETTE. Mr. President, I would ask the Senator
from Idaho if he does not know that the Committee on Priv
ileges and Elections is now engaged in investigating the cam
paign expenditures of the presidential and the congressional
campaigns of 1904 and 190S? This body has already sanctioned
and approved such an investigation with regard to the cam
paigns of 1904 and 1908, and the pending resolution simply
extends that investigation to the campaign of 1912. I do not
see why that is more objectionable than the investigation re
garding the campaign expenditures of 1904 and 1908.
I do remember that some amendments to this resolution have
been offered and are now pending to investigate campaign ex
penditures back to 1890; but the Senate has not yet adopted
those amendments; the whole matter is in the control of the
Senate; and the Senate can limit this proposed investigation
in the same way as the investigation which it has already
authorized has been limited. I hope that the Senator from
Idaho will withdraw his objection and let the resolution come
up for consideration. The Senate can then fix the scope of it
in such way as to free it from the objections which the Sena
tor has made to it. I make it a personal matter with the
Senator from Idaho in so far as I am permitted to, and ask
him to withdraw his objection.
Mr. HEYBURN. Mr. President, earlier in the day I ex
pressed myself at some length in regard to this proceeding.
In my judgment it is inappropriate at this time, or at any time,
to enter upon what to me seems to be a sensational investiga
1179 3
tion covering campaigns that have long since closed and the
transactions of men, some of whom are dead, and I can not see
that any good purpose would be served by it.
The Senator from Wisconsin is interested principally in the
existing campaign, and it is not reasonable to appeal to me on
personal grounds in favor of a resolution that not only compre
hends the existing campaign in which he is interested but which
undertakes to bring under investigation transactions concern
ing the campaigns of 1904 and 1908. Ia m not unmindful of the
fact that a committee of the Senate is now engaged in the in
vestigation of certain charges specified and limited by the lan
guage of the resolution under which that committee is acting.
I would deplore the extension of the scope of that investigation
so that it might operate as a dragnet in which to draw not only
before the attention o f the Senate but before the attention of the
country allegations of misconduct and alleged violations of law
by men who are before the American people for their indorse
ment for the high office of President. It is better that the
country should be given a rest from this agitation. The atten
tion of the people had better be directed to a consideration of
the men who have been nominated, from a personal standpoint,
as to their fitness for the office to which they aspire, and more
especially to the political issues involved.
I want to see the campaign carried on upon principles and a
consideration of principles rather than upon a consideration
and determination of the propriety of the action of men in a
contest that is closed. The contest for the nomination is closed.
It had better remain closed until some future time—if it is to
be opened at all—when the public mind will be settled and free
from the rancor and prejudice and the extreme feeling that
characterized that contest. I must insist upon my objection.
The PRESIDENT pro tempore. The Senator from Idaho
insists on his objection.
Mr. LA FOLLETTE. If I may be permitted to say just this
word, I suppose I can say nothing to the Senator from Idaho
that will move him from his purpose; but I will say to him
that the denial of an investigation here will not quiet, allay,
or abate the public interest in this subject. The very fact that
the Senate does not pass this resolution will stimulate the
imagination of all men with respect to what the Senate is try
ing to withhold from them by preventing this investigation.
But, Mr. President, for my own part if I can do nothing else,
if I can not prevail upon the Senator from Idaho, and if this
matter must be blocked here at this point by the refusal to
give unanimous consent for the consideration of this resolution,
it occurs to me that a motion to take up the resolution is in
order.
The PRESIDENT pro tempore. A motion to proceed to the
consideration of the resolution is in order.
Mr. LA FOLLETTE. Then I move that the Senate proceed
to the consideration of Senate resolution No. 3S6.
Mr. SMOOT. Mr. President-----The PRESIDENT pro tempore. The motion is not debat
able.
Mr. SMOOT. I wish to say to the Senator from Wisconsin
that I was recognized, and I yielded to the Senator for a ques
tion of personal privilege. I did not yield' to bring up any
question before the Senate other than the matter of personal
privilege.
Mr. LA FOLLETTE. The Senator was recognized for unan
imous consent. I object to his request for unanimous consent
to take up the calendar. And I will ask the Chair to put the
question on my motion.
Mr. SMOOT. Then, notwithstanding the objection offered
by the Senator from Wisconsin, I move that the Senate proceed
to the consideration o f the calendar under Rule VIII.
Mr. LA FOLLETTE. On that I ask for the yeas and nays.
The PRESIDENT pro tempore. The Senator from Utah
moves that the Senate proceed to the consideration of unob
jected cases on the calendar under Rule A III, and upon that
motion the Senator from Wisconsin demands the yeas and
nays. Is there a second?
The yeas and nays were ordered.
Mr, A SHU R ST. I ask that the motion be stated again.
The PRESIDENT pro tempore. The motion is that the Sen
ate proceed to the. consideration of unobjected cases on the
calendar under Rule VIII, House bills to be first considered
Mr. WILLIAMS. A parliamentary inquiry, Mr. President
I may have misunderstood, but I understood' the Chair a mo
ment ago to rule that llie motion of the Senator from Wisconsin
was in order, that the Senator had a right to raise the question
of consideration upon his motion instead of being compelled to
wait to raise it upon the motion of the Senator from Utah.
The PRESIDENT pro tempore. That opinion of the Chair
was rendered upon the supposition that the Senator from Wis-
i
1179 4
CONGRESSIONAL RECORD— SENATE.
consin was entitled to the floor, but it developed that the
Senator from Utah yielded to the Senator from Wisconsin for
a personal explanation, and the Senator from Utah did not lose
the floor.
Mr. WILLIAMS. May I be pardoned for one more parlia
mentary inquiry? Did the Senator from Utah yield for a
question of personal privilege, or did he yield that unanimous
consent might be asked?
The PRESIDENT pro tempore. The Senator from Utah
asked unanimous consent, and the Senator from Wisconsin
asked him to withhold that request that he might present a
question in the nature of a personal privilege.
Mr. WILLIAMS. Then I should like to make this point and
let the Chair pass upon it, that although the motion made by
the Senator from Wisconsin was not a point of personal privi
lege, it is a point of the very highest privilege, going to the
integrity of the body of which we are Members, and for that
reason it was in order.
The PRESIDENT pro. tempore. The Chair would feel con
strained—
Mr. NELSON. Mr. President-----The PRESIDENT pro tempore. If the Senator from Minne
sota will permit the Chair, the Chair would feel constrained to
overrule that point of order.
Mr. NELSON. I want to speak about the point of order a
minute.
The PRESIDENT pro tempore. The point of order is dis
posed of.
Mr. NELSON. This is what I rose to submit: It may be
the practice in the House, hut it is not in the Senate. A Sena
tor can not by yielding the floor to another Senator prescribe
for what purpose and limit it. If a Senator surrenders the
floor to another Senator, it is unconditional. I know no rule
under which a Senator yielding the floor to another Senator
can limit it.
Mr. SMOOT. I did not yield the floor. I yielded for a ques
tion. and that question was in the shape of a personal privilege.
The PRESIDENT pro tempore. The yeas and nays have been
ordered on the motion of the Senator from Utah.
Mr. LA FOLLETJE*lust want to correct
the statement of thtf Senator from Utah. T asked him to yield to
me, and after he yielded to me I stated that T-r^se to state
a question in the nature of a question of personal privilege.
That is t
as-ttle-R-Eeoau wilt show.
’Lire I’ltESIDENT pro tempore. The yeas and nays have
•bmi ordered on the motion of the Senator from Utah. Th
f question is on agreeing to the motion of the Senator from UtaJ^,
which is that the Senate proceed to the consideration of undbjected bills on the calendar under Rule VIII, House hills t</be
. first considered.
'■Air. SMOOT. Not to interfere with conference reports.
Trie PRESIDENT pro tempore. Not to interfere w
T£JjipgeH .
*-'
fere:ice reports. The Secretary will call the roll
The Secretary proceeded to call the roll.
Mr. BRIGGS (when his name w as called). I have a general
pair with the senior Senator from West V irgin ia [M r. W at so n ].
As he is absent, I withhold my vote.
Mr. CHAMBERLAIN (when his name was called). I have
a general pair with the junior Senator from Pennsylvania [Mr.
O liver ]. I transfer that pair to the Senator from Alabama
[Mr. J o h n st o n ] and vote. I vote “ nay.”
Mr. LA FOLLETTE (when Mr. C rawford ’ s name was called).
The junior Senator from South Dakota [Mr. C rawford ] is un
avoidably absent. If present, he would vote “ nay.”
Mr. CULLOM (when his name was called). I have a general
pair w ith the junior Senator from West Virginia [Mr. C h il t o n ],
and therefore withhold my vote.
Mr. LA FOLLETTE (when Mr. G ronn a ’ s name was called).
For the junior Senator from North Dakota [Mr. G r o n n a ], I
will state that he is unavoidably absent, and if present he
would vote “ nay.”
Mr. SHIVELY (when Mr. K ern ’ s name was called). My
colleague [Mr. K ern ] is unavoidably absent from the Chamber
by reason of sickness in his family. He is paired with the
senior Senator from New York [Mr. R oot],
Mr. LEA (when his name was called). I have a general pair
with the junior Senator from Rhode Island [Mr. L ip p it t ]. I
transfer my pair to the junior Senator fiom Arkansas [Mr.
D a v is ] and vote “ nay.”
Mr. McCUMBER (when his name was called). I have a
general pair with the senior Senator from Mississippi [Mr.
P ercy ' ] . He being absent, I withhold my vote.
Mr. OVERMAN (when his name was called). I have a
general pair with the senior Senator from California [Mr.
P e r k in s ]. I do not see him in his seat to-night. Therefore
I withhold my vote.
A ugust 24
Mr. WILLIAMS (when Mr. P ercy ’ s name was called), j
wish to announce that my colleague [Mr. P e rcy ] is unavoid
ably absent. He is paired with the Senator from North Dakota [Mr. M cC ttmber]. If my colleague were present, he would
vote “ nay.”
m
Mr. REED (when his name was called). I have a pair with
the senior Senator from Michigan [Mr. S m i t h ], In liis ab
sence I withhold my vote. I f permitted to vote, I would voto
“ nay.”
Mr. ROOT (when his name was called). I have a general
pair with the Senator from Indiana [Mr. K ern ], and therefore
withhold my vote.
Mr. SMITH of Maryland (when his name was called), j
have a general pair with the junior Senator from New Hamp
shire [Mr. B u r n h a m ]. In his absence, I withhold my vote.
Mr. TOWNSEND (when the name of Mr. S m it h o f Michigan
was called). My colleague [Mr. S m i t h ] is absent from the
city on important business. He is paired with the junior Sen
ator from Missouri [Mr. R eed ]. I will let this announcement
stand for the day.
Mr. STONE (when his name was called). I have a general
p a ir with the senior Senator from Wyoming [Mr. C l a r k ], and
withhold my vote.
Mr. SUTHERLAND (when his name was called). I have
a general pair with the Senator from Maryland [Mr. R ayneu],
On account of his absence I withhold my vote.
The roll call was concluded.
Mr. BRIGGS. As announced a few moments ago I have a
general pair with the junior Senator from West Virginia [Mr.
W a t so n ].
I transfer that pair to the senior Senator from
South Dakota [Mr. G a m bl e ] and vote. I vote “ yea.”
Mr. CULBERSON (after having voted in the negative), j
transfer my general pair with the Senator from Delaware [Mr.
du P o n t ] to the Senator from Arkansas [Mr. C l a r k e ], and al
low my vote to stand.
Mr. BRANDEGEE (after having voted in the affirmative).
I am paired with the junior Senator from New York [Mr.
O ’ G o r m a n ]. I notice, on th e re^Trttulaturn,.that he did not vote.
I withdraw n ^ foF e.
Mr, F^ifL (after having voted in the affirmarNe). I am in
formed uiat the junior Senator from Florida [M i\ B r y a n ] is
nert "present. I withdraw my vote, as I have a geSpral pair
With that Senator.
X
,
t The result was announced—yeas 8, nays 27, as follow!
Bankhead
Briggs
Ashurst
Bacpn
Bar ah
Hof
-iTra
radley
Chamberlain
Clapp
Culberson
Bailey
Bourne
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Chilton
Cjark, Wyo.
Clarke, Ark.
Crawford
Cullom
Cummins
Curtis
Y E A S — 8.
Gallinger
Ileyburn
N AY S— 27.
Myers
Fletcher
.Tones •
Nelson
La Follette
Page
Lea
Penrose
McLean
Poindexter
Martin, Va.
Sanders
Martine, N. J.
Shively
NOT VO TIN G — 59.
Kern
Davis
Dillingham
Lippitt
Dixon
Lodge
du Pont
McCumber
Massey
Fall
Foster
Newlands
O'Gorman
Gamble
Gardner
Oliver
Overman
Gore
Owen
Gronna
Guggenheim
Paynter
Hitchcock
Percy
Johnson, Me.
Perkins
Johnston, Ala.
Pomerene
Kenyon
Rayner
Catron
Crane
Smoot
Wetmore
Simmons
Smith, Ariz.
Thornton
Townsend
Williams
Works
Reed
Richardson
Root
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Swanson
Tillman
Warren
Watson
The PRESIDENT pro tempore. No quorum having voted, the
roll will be called.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Bailey
Bankhead
Borah
Bradley
Brandegeo
Briggs
Catron
Chamberlain
Clapp
Culberson
Cullom
Fall
Fletcher
Gallinger
Heybum
Jones
La Foiletto
Lea
McCumber
McLean
Martiu. Va.
Martine, N. J.
Myers
Nelson
Overman
Page
Penrose
Poindexter
Reed
Root
Sanders
Shively
Simmons
Smith. Ariz.
Smith, Md.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Williams
Works
Mr. THORNTON. If I have not a lrea dy during the day an
nounced ih e necessary absence o f m y colleague [M r. F oster ],
I w ish to m ake the announcem ent now.
Mr. WILLIAMS. I w ish to repeat the announcement I made
a moment ago about m y colleague [M r. P ercy ] and to ask that
it stand for the rest of the day.
1912
CONGRESSIONAL RECORD— SENATE
Mr. BACON. I w ish to an n ou n ce tliat m y collea gu e [Mr.
S m it h o f G eorgia ] has been called, fro m the c ity and is un
a v o id a b ly absent.
The PRESIDENT pro tempore. Forty-five Senators have
answered to their names—not a quorum. The names of the
absentees will be called.
The Secretary called the names of the absent Senators, and
Mr. S w a n s o n answered to his name when called.
Mr. CULBERSON. I take tjie liberty of stating that the
Senator fro m West \jrginta’'’ tMr. C h il t o n ], whose name has
just been ealleij, lias been excused by order of the Senate on
account of iiMfess.
Mr. BOflRNE and Mr. CRANE entered the Chamber and
answered to their names.
The PRESIDENT pro tempore. Forty-eight Senators have
answered to their names. A quorum of the Senate is present.
The roll will again be called on agreeing to the motion of the
Senator froni Utah.
The Secretary proceeded to call the roll.
Mr. BRIGGS (when his name was called). I have a general
pair with the senior Senator from West Virginia [Mr* W a t s o n ].
I transfer that pair to the senior j&jqutor from South Dakota
[Mr. G a m b l e ] and vote.' I vote “ yea.”
Mr. FLETCHER (when Mr. B r y a n ’ s name was called). My
colleague [Mr. B r y a n ] is unavoidably absent. He has a gen
eral pair with 'the Senator from New Mexico [Mr. F a l l .] I
make this announcement for the evening.
Mr. CHAMBERLAIN (when his name was called). I have
a general pair with the junior Senator from Pennsylvania [Mr.
O l iv e r ] . I transfer that pair to the junior Senator from Ala
bama [M r. J o h n s t o n ] and vote. I vote “ nay.”
Mr. CULBERSON (when his name was called). I transfer
my general pair with the Senator from Delaware [Mr. dtj P o n t ]
to the Senator from Arkansas [Mr. C l a r k e ] and will vote. I
vote “ nay.”
Mr. CULLOM (when his name was called). I again an
nounce my pair and withhold my vote.
Mr. OVERMAN (when his name was called). I again an
nounce that I have a general pair with the senior Senator from
California [Mr. P e r k in s ]. He is unavoidably absent, and
therefore I withhold my vote.
J£r. REED (when his name was called). As I announced be
fore, I have a pair with the Senator from Michigan [Mr.
S m i t h ], I am informed, however, by his colleague that he feels
it would not be unsatisfactory if I were to vote. I therefore
feel at liberty to disregard the pair and to vote. I vote “ nay.”
Mr. ROOT (when his name was called). I again announce
my pair with the junior Senator from Indiana [Mr. K e r n ] and
withhold my vote.
Mr. SMITH of Maryland (when his name was called). I
again announce that I have a general pair with the junior Sen
a tor from N ew Hampshire [M r. B u r n h a m ]. Therefore I -with
hold my vote.
Mr. SUTHERLAND (when his name was called). I again
announce my pair and withhold my Aote.
Mr. SWANSON. I should like to know' whether the junior
Senator fro m Nevada [M r. M a s s e y ] has voted?
The PRESIDENT pro tempore. The Chair is informed that
the Senator from Nevada has not voted.
Mr. SWANSON. I have a general pair with the junior Sen
ator from Nevada. I transfer that pair to the junior Senator
from Ohio [Mr. P om eren e ] and vote. I vote “ nay.”
Mr. WARREN (when his name was called). I announce my
general pair with the senior Senator from Louisiana [Mr.
F oster].
The roll call was concluded.
Mr. BRANDEGEE. I again announce my pair with the junior
Senator from New7 York [Mr. O’Gorman], and withhold my
vote.
Mr. LEA. I am paired with the Senator from Rhode Island
[Mr. L ippitt]. I transfer that pair to the junior Senator from
Arkansas [Mr. D a v i s ], and vote. I vote “ nay.”
Mr. CURTIS. I am requested to announce the pair o f the
Senator from Nebraska [Mr. B r o w n ] with the Senator from
Oklahoma [Mr. O w e n ] ; the pair o f the Senator from Ohio [Mr.
B u rto n ] with the Senator from Maine [Mr. J o h n s o n ] ; the
pair o f the Senator from Vermont [Mr. D il l in g h a m ] with the
Senator from South Carolina [Mr. T i l l m a n ] ; the pair of the
Senator from Montana [Mr. D ix o n ] with the Senator from
Texas [Mr. B a il e y ] ; the pair o f the Senator from Massachu
setts [Mr, L odge] with the Senator from Georgia [Mr. S m i t h ] ;
the pair o f the Senator from Delaware [Mr. R ich a r d so n ] with
the Senator from South Carolina [Mr. S m i t h ] ; and the pair of
the Senator from Wisconsin [Mr. S t e p h e n s o n ] with the Sena
tor from Oklahoma [Mr. G ore ].
1179 5
Mr. LA FOLLETTE. For (T c junior Senator from North
T
Dakota [Mr. G r o n n a ], I will sa y that hets-unavoidably absent
If present, the Senator from North Dakota wdtbkl vote “ nay.”
I make the same announcement for the junior Senator from
South Dakota [Mr. C raw ford ].
V
T h e result w a s announced— yeas 6, nays 30, as follows: .
Briggs
Catron
Gallinger
Heyburn
/
Ashurst
Bacon
Borah
Bradley
Chamberlain
Clapp
Culberson
Curtis
Bailey
Bankhead
Bourne
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Chilton
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Cullom
Y E A S — 6.
Smoet
N A Y S — 30.
Fletcher
Nelson
Jones
Page
La Follette
Penrose
Lea
Poindexter
McLean
Reed
Martin, Va.
Sanders
Martine, N. J.
Shively
Myers
Simmons
NOT VO TIN G — 58.
Cummins
Kenyon
Davis
Kern
Dillingham
Lippitt
Dixon
Lodge
du Pont
McCumber
Fall
Massey
Foster
Newlands
Gamble
O’ Gorman
Gardner
Oliver
Gore
Overman
Gronna
Owen
Guggenheim
Paynter
Hitchcock
Percy
Johnson, Me.
Perkins
Johnston, Ala.
Pomerene
Wetmore
Smith, Ariz.
Swanson
Thornton
Townsend
W illiam s
Works
Raynor
Richardson
Root
Smith, Oa.
Smith. Md.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Sutherland
Tillman
Warren
W atson
The PRESIDENT pro tempore. No quorum has voted. The
roll will again be cfiTled...
Mr. WILLIAMS. I move that-the. .Sergeant nt Arms be di
rected to request the presence of absent Senators.
The PRESIDENT pro tempore. The Senator from Mississippi
moves that the Sergeant at Anns be directed to request the
attendance of absent Senators. The question is on that motion.
The motion was agreed to.
The PRESIDENT pro tempore. The Secretary will call the
roll.
The Secretary called the roll, and the following Senators
answered to their names:
Ashurst
Bacon
Borah
Bradley
Briggs
Catron
Chamberlain
Clapp
Culberson
Cnlloni
Curtis
Fletcher
Gallinger
Heyburn
Jones
La Follette
Lea
MeCnmber
McLean
Martin, Va.
Martine, N. T.
Myers
Nelson
Overman
Page
Penrose
Poindexter
Reed
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Wetmore
W illiam s
Works
The PRESIDENT pro tempore. Forty-three Senators have
answered to their names—not a quorum. The names of absent
Senators will be called.
The Secretary called the list of absent Senators, and Mr. F a l l
responded to bis name.
Mr. CRANE, Mr. BOURNE, Mr. BANKHEAD, and Mr.
STONE entered, the Chamber and answered to their names.
The PRESIDENT pro tempore. Forty-eight Senators have
answered to their names. A quorum o f the Senate is present
Mr. POINDEXTER. A quorum being present, I ask unani
mous consent to dispense with the further calling of the roll and
that the Senate proceed to the consideration of Senate resolu
tion 3S6.
The PRESIDENT pro tempore. That can not be done.
Mr. LA FOLLETTE. Regular order, Mr. President.
The PRESIDENT pro tempore. The Chair did not under
stand fully the request of the Senator from Washington.
Mr. POINDEXTER. I ask unanimous consent to dispense
with the further call o f the roll and that the Senate proceed
with the consideration of Senate resolution 386.
Mr. SMOOT. Mr. President, I object.
The PRESIDENT pro tempore. Objection is made.
Mr. BORAH. Is a motion in order at this time?
The PRESIDENT pro tempore. A motion is in order.
Mr. BORAH. I move that we take up the unobjected House
bills on the calendar and proceed with their consideration, and
that, as soon as they are disposed of, it be followed by this
resolution, and that it be voted upon before 10.30.
The PRESIDENT pro tempore. The first part o f the Sena
tor’s motion is precisely the motion now before the Senate.
Mr. SMOOT. The second part is not.
The PRESIDENT pro tempore. The second part is not.
The Chair has some doubt whether .that compound motion can
be made.
Mr. HEYBURN. I ask that it be stated.
F
1 17 9 6
CONGRESSIONAL RECORD— SENATE.
The PRESIDENT pro tempore. The Senator from Idaho
will state his motion.
Mr. BORAH. The motion is that we proceed with the con
sideration of unobjected House bills upon the calendar, and
that as soon as they are disposed of we proceed with the con
sideration of this resolution.
Mr. HEYBUIiN. Is that all of the motion?
Mr. CULBERSON. I will ask the Senator why limit it to
House bills on the calendar? Why not proceed to the con
sideration of the calendar under Rule YIII?
Mr. BORAH. For the reason that if we do that we would
not get to that resolution at all, and it is necessary to get the
House bills disposed of in order to get them acted upon.
PR ESID EN TIA L APPROVALS.
i
/
i
A message from the President of the United States, by Mr.
Latta, executive clerk, announced that the President had ap
proved and signed the following acts:
On August 24, 1912:
S. 2904. An act to confer upon the Commissioners of the Dis
trict of Columbia authority to regulate the operation and
equipment of the vehicles of the Metropolitan Coach Co. and
to provide for transfers between said company and the Capital
Traction Co. and the Washington Railway & Electric C o.;
S. 5458. An act to authorize the Pennsylvania Railroad Co.
and the Pennsylvania & Newark Railroad Co., or their suc
cessors, to construct, maintain, and operate a bridge across the
Delaware River;
S. 5S08. An act granting right of way across Port Discovery
Bay, United States Military Reservation, to the Seattle, Port
Angeles & Lake Crescent ^Railway, of the State of Washington;
S. 6777. An act to authorize the board of county commission
ers of Horry County, S. C.. to construct a bridge across
Kingston Lake at Conway, S. C .;
S. 7209. An act to authorize the construction of a bridge
across the Mississippi River at the town site of Sartell, Minn.
S. 7315. An act to authorize the construction of a bridge
across the Clearwater River at a point within the corporate
limits of the city of Lewiston, Idaho;
S. 3045. An act to provide for agricultural entries on oil and
gas lands;
S. 4753. An act to amend an act entitled “An act to provide
for the final disposition of the affairs of the Five Civilized
Tribes in the Indian Territory, and for other purposes,” ap
proved April 26, 1906 (34 Stat. L., p. 137) ;
8.5679. An act to amend section 2 of an act to authorize
the President of the United States to make withdrawals of
public lands in certain cases, approved June 25, 1910;
S. 7157. An act to make uniform charges for furnishing copies
of records of the Department of the Interior and of its sev
eral bureaus;
S. 1484. An act for the relief of Ferdinand Tobe;
S. 5556. An act to amend “ An act to create an auditor of
railroad accounts, and for other purposes,” approved June 19,
1878, as amended by the acts of March 3, 1881, and March 3,
1903, and for other purposes;
S. 63S4. An act granting pensions and increase of pensions to
certain soldiers and sailors of the Regular Army and Navy,
and to certain soldiers and sailors of wars other than the Civil
War, and to widows and dependent relatives of such soldiers
and sailors;
S. 6851. An act 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 certain widows and dependent relatives of such sol
diers and sailors; and
S. 7377. An act granting a right o f way through the Fort
Shatter Military Reservation, Territory of Hawaii, to the Pearl
Harbor Traction Co. (Ltd.), and for other purposes.
COOSA RIVER D A M , A L A .— VETO M ESSAGE
(S .
DOC. NO.
9 4 9 ).
The PRESIDENT pro tempore. Pending the motion, the
Chair lays before the Senate a message from the President of
the United States, which will be read.
The Secretary read as follows:
To the Senate:
I return herewith, without my approval, Senate bill No. 7343:
To authorize the building of a dam across the Coosa River, Ala., at
the place selected for Lock No. 18 on said river.
if
\
This bill presents a typical case of a river where its develop
ment by the Federal Government for navigation should go hand
in hand with its development for water power. The reports of
the engineers show that comprehensive plans have been made
by the Corps of Engineers for the development of navigation
on this river by a series of dams constructed for the purpose
of creating deep pools. This bill seeks to authorize the con
A ugust 24 ,
struction of one of these dams through a private agency, the
Alabama Power Co., which intends to use the water power cre
ated for commercial purposes. I f the Federal Government
chose to build this dam itself in aid of navigation, its right to
the water power incidentally created by the dam would bo
beyond question. When, instead of building the dam itself, it
builds it by an agent, as proposed by this bill, I believe it to
be equally clear that the dam and all its incidents, including
the water power created, is within the regulative power of the
Federal Government in respect to navigation.
It is said that the grantee, the Alabama Tower Co., pro
poses to spend over a million dollars in the construction of
the dam, as well as to furnish toward the project its riparian
rights, and to stand the expense and cost of the damages by
flowage. It is manifestly entitled to be credited for all these
expenditures, and is manifestly entitled to a fair, full, and rea
sonable profit for its investment and work. But, after all of
these items are fully allowed for, it is equally manifest that
in the course o f time the return from the privilege thus granted
in the shape of valuable water power created may far exceed
a reasonable return for these items.
No provision is made in the bill whereby the Secretary of
War may, in granting the permit, exact such compensation as
in the course of time may pruve to be necessary to equalize this
account. I think this is a fatal defect in the bill, and that
is is just as improvident to grant this permit without such a
reservation as it would be to throw away any other asset of the
Government. To make such a reservation is not depriving the
States of anything that belongs to them. On the contrary, in
the Report of the Secretary of War it is recommended that all
compensation for similar privileges should be applied strictly
to the improvement of navigation in the respective streams—a
strictly Federal function. The Federal Government, by avail
ing itself of this right, may in time greatly retftice the swollen
expenditures for river improvements which now fall wholly
upon the general taxpayer. I deem it highly important that
the Nation should adopt a consistent and harmonious policy
of treatment of these water-power projects which will preserve
for this purpose their value to the Government whose right it
is to grant the permit. The necessity for the adoption of such
a policy has recently been pointed out, with my approval, by
the Secretary of War, and I see no reason why this bill should
be exempted from the safeguards which have been recom
mended by him in the cases of other bills now pending before
Congress.
I therefore return the bill to your honorable body without
my approval.
W m . II. T a f t .
T h e W h i t e H o u s e , August 2 h 1012.
J
The PRESIDENT pro tempore. The question is, Shall the
bill pass the objections of the President to the contrary not
withstanding?
Mr. BANKHEAD. At this late hour of the session, Mr.
President-----Mr. LA FOLLETTE. I rise to a point of order.
The PRESIDENT pro tempore. The Senator from Wisconsin
will state his point of order.
Mr. LA FOLLETTE. I make the point of order that the
regular order is the calling of the roll upon the pending motion
of the Senator from Utah, and this interruption is out of order,
and that certainly no remarks upon the veto message which has
just been read would be in order or any motion to dispose of the
bill.
The PRESIDENT pro tempore. The Chair is of the opinion
that, inasmuch as the roll call was not proceeding, a message
from the President of the United States is a matter of privi
lege ; and the Chair is further of the opinion that no discussion
is to be had upon it.
Mr. BANKHEAD. Mr. President-----The PRESIDENT pro tempore. The Senator from Alabama.
Mr. BANKHEAD. I was about to say that at this late
hour-----Mr. LA FOLLETTE. I am compelled to interrupt the Senator
from Alabama. Without any disposition to be discourteous, I
must, demand the regular order.
The PRESIDENT pro tempore. The Chair thinks the mes
sage of the President, which has just been read, is the regular
order at the present time.
Mr. LA FOLLETTE. I would inquire if the Chair thinks
the message is now open to debate, pending the roll call upon
the motion of the Senator from Utah?
The PRESIDENT pro tempore. The Chair will hold that
some disposition can properly be made of the message. If the
Senator will permit the Chair for one moment, I think it will
tbe disposed of.
CONGRESSIONAL RECORD— SENATE.
1912.
1179 7
Mr. BRIGGS (when his name was called). I have a gen
eral pair with the senior Senator from West Virginia [Mr.
W a t s o n ].
I transfer the pair to the senior Senator from
South Dakota [Mr. G a m b l e ] and will vote. I vote “ y e a .” I
will let this announcement stand for the day.
Mr. CHAMBERLAIN (when his name was called). I again
transfer my pair, as announced a while ago, and will vote. I
vote “ nay.”
Mr. CULBERSON (when his name was called). I announce
the transfer of my pair, as previously made, and will vote. I
vote “ nay.”
Mr. CULLOM (when his name was called). I again an
nounce my pair and withhold my vote.
Mr. FALL (when his name was called). I have a general
pair with the junior Senator from Florida [Mr. B r y a n ] , and
withhold my vote.
Mr. LEA (when his name was called). I have a general
pair with the junior Senator from Rhode Island [Mr. L ipp i t t ] ; I transfer it to the Senator from Arkansas [Mr. D a v i s ] .
I vote “ nay.”
Mr. McCUMBER (when his name was called). I again an
nounce my pair and withhold my vote.
Mr. ROOT (when his name was called). On account of my
pair, already announced, I withhold my vote.
Mr. SMITH of Maryland (when his name was called). I
have a general pair wT the junior Senator from New Hamp
ith
shire [Mr. B u r n h a m ] . I therefore withhold my vote.
Mr. SUTHERLAND (when his name was called). On ac
count of my pair, already announced, I withhold my vote.
M ESSAG E FROM T H E H OU SE.
Mr. SWANSON (when his name was called). I have a gen
A message from the House of Representatives, by J. C.
South, its Chief Clerk, announced that the House further in eral pair with the junior Senator from Nevada [Air. M a s s e y ] ,
sists upon its disagreement to the amendments of the Senate to I transfer the pair to the junior Senator from Ohio [Air. P o m h the bill (II. R. 25970) making appropriations to supply de b e n e ] and will vote. I vote “ nay.”
The roll call was concluded.
ficiencies in appropriations for the fiscal year 1912 and for
Mr. OVERMAN. I again announce my pair with the senior
prior years, apd for other purposes, agrees to the further con
ference asked for by the Senate on the disagreeing votes of the Senator from California [Air. P e r k i n s ] , who is unavoidably
two Houses thereon, and had appointed Mr. F it z g e r a l d , Mr. detained.
The result was announced—yeas 7, nays 28, as follows:
S i s s o n , and Mr. C a n n o n managers at the further conference on
Y E A S — 7.
the part of the House.
Bourne
Catron
Heyburn
Wetmore
The message also announced that the House had passed a Briggs
Gallinger
Smoot
bill (H. II. 20102) relating to proof of signatures and hand
N A Y S — 28.
writing, in which it requested the concurrence of the Senate.
Ashurst
Curtis
Martine, N. J.
Mr. LA FOLLETTE. I do not want to be captious.
Mr. BANKHEAD. Mr. President, I do not want to discuss
tlie message of the President at this late hour, and I ask that
it lie on the table.
Mr. NELSON. With the consent o f the Senator from Ala
bama. or if he has no objection, I move that the bill and the
message be referred to the Committee on Commerce.
Mr. BANKHEAD. I hope my friend will not insist upon that
motion.
Mr. NELSON. Has the Senator from Alabama objection to
that course?
Mr. BANKHEAD. I should prefer to have it lie on the
table.
Mr. NELSON. Very well.
The PRESIDENT pro tempore. The Senator from Alabama
asks that the message and the bill lie upon the table. Is there
objection?
Mr. HEYBURN. I rise to a parliamentary inquiry.
The PRESIDENT pro tempore. The Senator will state it.
Mr. HEYBURN. The Constitution says the message being
received, the House receiving it shall proceed to determine the
question whether or not the bill shall pass, notwithstanding the
veto of the President.
The PRESIDENT pro tempore. The Chair is o f opinion that
it is competent for the Senate to dispose of the message at its
pleasure, and that the request of the Senator from Alabama is
in order. Is there objection? The Chair hears none, and the
message will lie on the table.
Bacon
Borah
ENROLLED BILLS SIGNED.
Fletcher
Jones
Myers
Nelson
Simmons
Smith, Ariz.
Swanson
The message further announced that the Speaker of the Bradley
Page
La Follette
Thornton
Lea
Poindexter
House had signed the following enrolled bills and joint resolu Chamberlain
Townsend
McLean
Reed
W illiam s
tion, and they were thereupon signed by the re sid e n t pro Clapp
Culberson
Martin, Ya.
Shively
Works
tempore:
NOT VO T IN G — 50.
S. 2534. An act to extend the time for the completion of the Bailey
Davis
Kern
Rayner
Dillingham
Alaska Northern Railway, and for other purposes;
Lippitt
Bankhead
Richardson
Dixon
Lodge
Root
S. 7165. An act to authorize the elimination o f part of North Brandegee
du Pont
McCumber
Bristow
Sanders
Dakota Avenue from the permanent system of highways plan; Brown
Massey
Fall
Smith, Ga.
Foster
Newlands
S. 7409. An a c t t o c o n s t i t u t e a c o m m i s s i o n t o i n v e s t i g a t e t h e Bryan
Smith, Aid.
O’Gorman
Gamble
Smith, Alich.
purchase of A m e r i c a n - g r o w n tobacco by t h e governments of Burnham
Oliver
Gardner
Burton
Smith, S. C.
foreign countries;
Overman
Gore
Chilton
Stephenson
Owen
Gronna
Stone
S. 7410. An act to authorize the Carolina, Clinchfield & Ohio Clark, W yo.
Paynter
Guggenheim
Sutherland
Railway to construct bridges across the Big Sandy River and Clarke, Ark.
Penrose
Hitchcock
Tillman
Crane
the branches thereof in the States of Virginia and Kentucky;
Johnson, Ale.
Percy
Crawford
Warren
Johnston, A la.
Perkins
Watson
S. 7411. An act to authorize the Clinchfield Northern Railway Cullom
Pomerene
Kenyon
of Kentucky, to construct bridges across the Big Sandy River Cummins
The PRESIDENT pro tempore. Not a quorum having voted
and the branches thereof in the States of Kentucky and Vir
the roll will again be called.
ginia ; and
The Secretary called the roll, and the following Senators anS. J.
Joint resolution authorizing the erection on the
pitUltf^grounds in the city o f Washington of a joint memorial to swered to their names:
Nelson
Stone
Curtis
Ashurst
Mnj. Archibald W. Butt and Francis Davis Millet.
Overman
/
THE CALENDAR.
’
The PRESIDENT pro tempore. The roll will be called on
the question of agreeing to the motion of the Senator from
Utah that the Senate proceed to the consideration of unob
jected bills on the calendar, House bills to be first considered.
Ml-. McCUMBER. I desire to make an inquiry—whether the
su bjecti». still open to discussion before there is a call of the
roll?
The PRESIDENT pro tempore. It is not a debatable questimi under the rule. The roll will be called.
The Secretary proceeded to call the roll.
Air. NELSON. I rise to a parliamentary inquiry.
The PRESIDENT pro tempore. The Senator will state it.
Mr. NELSON. Would a motion to go into executive session
be in order at this time?
The PRESIDENT pro tempore. Not pending the roll call.
The Secretary resumed the calling of the roll.
Mr. BRANDEGEE (when his name was called). I have a
Pair with the junior Senator from New York [Mr. O’ G o r m a n ],
and therefore withhold my vote.
X L VIII
741
,
..
Bacon
Borah
Bradley
Brandegee
Briggs
Catron
Chamberlain
Clapp
Culberson
Cullom
Fletcher
Gallinger
Heyburn
.Tones
La Follette
Lea
McLean
Martin, Va.
Martine, N. J.
Myers
Page
Penrose
Poindexter
Root
Shively
Simmons
Smith, Ariz.
Smith, Aid.
Smoot
Sutherland
Swanson
Thornton
Townsend
Wetmore
W illiam s
Works
Air. LA FOLLETTE. I make the same statement for ^he
junior Senator from North Dakota [Air. G r o n n a ] and the. junior
Senator from South Dakota [Air. C r a w f o r d ] that I -fhade on
the previous roll call, and I will let it stand fur- the balance of
the day.
The PRESIDENT pro tempore. Forty-one Senators have
answered to their names—not a quorum. The names of the
absentees will be called.
The Secretary called the names of the absent Senators.
Air. FALL, Mr. REED, and Air. BANKHEAD entered the
Chamber and answered to their names.
After some delay Air. BAILEY and Air. WARREN entered
the Chamber and answered to their names.
1
/}
!
// 1
11798
CONGRESSIONAL RECORD— SENATE
After further delay, Mr. BOURNE and Mr. CRANE entered
the Chamber and answered to their names.
The PRESIDENT pro tempore (at 1 o’clock and 18 minutes
a. m., Sunday). Forty-eight Senators have answered to their
names. A quorum of the Senate is present.
JO IN T CO M M ITTE ES A N D C O M M IS SIO N S.
A ugust 24,
Mr. MYERS. Mr. President, the joint resolution went tn
the other House and was there amended so that the money to
pay these claims should be paid out of the general reclamation
fund, but not taxable to any particular project, I move tin!
the Senate concur in the House amendments.
c
The motion was agreed to.
H OU SE B IL L REFERRED.
The PRESIDENT pro tempore. In the Post Office appropria
tion act there are three provisions for members of joint com
H. R. 20102. An act relating to proof of signatures and hand
mittees to be appointed by the chairmen of the committees. writing was read twice by its title and referred to the Commit'
The Chair is informed that in the House the Speaker an tee on the Judiciary.
nounced those committees at the request of the chairman, and
PRESIDENTIAL APPROVALS.
the Chair has been requested to do the same in the Senate.
A message from the President of the United States, by Mr
On the committee to inquire into the subject of postage on
second-class mail matter and compensation for transportation Latta, executive clerk, announced that the President had ap
proved and signed the following acts and joint resolutions:
of the mails, Mr. B o u r n e , Mr. R i c h a r d s o n , Mr. B a n k h e a d .
On August 24, 1912:
On the committee to make inquiry into the subject of Federal
S. J. Res. 108. Joint resolution authorizing the erection on the
aid in the construction of post roads, Mr. B ourne , Mr. P en
public grounds in the city of Washington of a joint memorial
rose , Mr. G ronna , Mr. S w a n s o n , Mr. O verm an .
On the committee to inquire into the advisability of the Gov to Maj. Archibald W. Butt and Francis Davis Millet;
S. 7409. An act to constitute a commission to investigate the
ernment purchasing pneumatic tubes, Mr. G ug g en h eim , Mr.
purchase of American-grown tobacco by the Government of
S m it h o f Georgia.
On the committee to make further inquiry into the subject of foreign countries;
S. 7410. An act to authorize the Carolina, Clinchfield & Ohio
parcel post, Mr. B riggs , Mr. B r ist o w , Mr. B r y a n .
Under the provisions of the bill S. 7409 the Chair appoints Railway to construct bridges across the Big Sandy River and
Mr. M a rtin of Virginia, Mr. L odge, and Mr. B randegee a com the branches thereof in the States of Virginia and Ken
mission to investigate the purchase of American-grown tobacco tucky ;
S. 7411. An act to authorize the Clinchfield Northern Railway
by the Governments of foreign countries.
of Kentucky, to construct bridges across the Big Sandy River
M ESSAGE FROM T H E H OU SE.
and the branches thereof in the States of Kentucky and Vir
A message from the House of Representatives, by J. C. South, ginia ;
Its Chief Clerk, announced that the House had passed the
S. 7378. An act for the relief of James E. C. Covel;
joint resolution (S. J. Res. 134) appropriating money for the
S. 7165. An act to authorize the elimination of part of North
payment of certain claims on account of labor, supplies, mate Dakota Avenue from the permanent system of highways plan*
rials, and cash furnished iri the construction of the Corbett and
Tunnel, with amendments, in which it requested the concur
S. J. Res. 134. Joint resolution appropriating money for the
rence of the Senate.
payment of certain claims on account of labor, supplies, mate
The message also announced that the Speaker had appointed rials, and cash furnished in the construction of the Corbett
on the part of the House of Representatives on the committee Tunnel.
to inquire into the subject of postage on second-class mail mat
ENROLLED JOINT RESOLUTION SIGNED.
ter and compensation for transportation of mail Mr. L loyd ,
A message from the House of Representatives, by J. C. South,
Mr. T uttle , and Mr. W e e k s .
The message further announced that the Speaker had ap its Chief Clerk, announced that the Speaker had signed the
pointed on the committee to inquire into the subject of Federal enrolled joint resolution (S. J. Res. 134) appropriating money
aid in the construction o f post roads Mr. S hackleford , Mr. L ee for the payment of certain claims on account of labor, supplies,
materials, and cash furnished in the construction of the Corbett
of Georgia, Mr. M c G illicuddy , Mr. M adden , and Mr. A u s t in .
The message also announced that the Speaker had appointed Tunnel, and it was thereupon signed by the President pro
on the committee to inquire into the advisability of the Govern tempore.
EXECUTIVE SE SSIO N .
ment purchasing pneumatic tubes Mr. B l a ck m o n and Mr.
Mr. NELSON. I move that the Senate proceed to the con
M urdock .
The message further announced that the Speaker had ap sideration of executive business. I want to say that there are
pointed on the committee to make further inquiry into the three or four nominations that ought to be disposed of to-night.
subject of the parcel post Mr. F in l e y , Mr. L e w is , and Mr. It will take but three or four minutes to dispose of them, and
then we can go back into legislative session. This will not
Gardner of New Jersey.
The message also announced that the Speaker had appointed displace the matter that the Senator from Wisconsin has in
on the part of the House of Representatives, under the pro charge.
visions the bill (S. 7409) to investigate conditions under which
Mr. LA FOLLETTE. Mr. President, I make the point of
foreign governments purchase American-grown tobacco, Mr. order that that motion is not in order pending a roll call
F lood of Virginia, Mr. S t ed m an , and Mr. M cK in l e y .
upon the motion of the Senator from Utah [Mr. S m oot ].
The PRESIDENT pro tempore. The Chair is of opinion that
ENROLLED JOINT RESOLUTION SIGNED.
a motion to proceed to the consideration of executive business
The message further announced that the Speaker of the is in order at any stage of the proceedings, and he ivill put
House had signed the enrolled joint resolution (H. J. Res. 362) the motion.
amending the Army appropriation bill, and it was thereupon
Mr. LA FOLLETTE. Well, Mr. President, pending my
signed by the President pro tempore.
right to take an appeal from the decision of the Chair, I in.
Mr. LA FOLLETTE. Mr. President, a quorum having been quire in what position that will leave the pending motion and
reported present, I suppose the pending motion should be pre the order for a roll call upon it?
sented.
The PRESIDENT pro tempore. In precisely the same posi
The PRESIDENT pro tempore. Y es; if the Senator will per
mit the Chair for a moment to lay before the Senate a message tion that it is now.
Mr. LA FOLLETTE. At the conclusion of the executive
from the House of Representatives.
session ?
CORBETT TUNNEL PROJECT.
The PRESIDENT pro tempore. It will; and the Chair will
The PRESIDENT pro tempore laid before the Senate the ask that the roll shall be called upon the motion of the Senator
amendments of the House of Representatives to the joint reso from Utah at that time.
lution (S. J. Res. 134) appropriating money for the payment of
Mr. LA FOLLETTE. Very w ell; I have no objection.
certain claims on account of labor, supplies, materials, and
The PRESIDENT pro tempore. The question is on agreeing
cash furnished in the construction of the Corbett Tunnel, which to the motion of the Senator from Minnesota [Mr. N elson ].
were, on page 1, lines 3 and 4, to strike out “ the Treasury of
The motion was agreed to, and the Senate proceeded to the
the United States ” and insert “ any moneys in the reclamation consideration of executive business. After five minutes in
fund in the Treasury ” ; on page 1, line 9. after “ subcontractor,” executive session the doors were reopened.
to insert “ and used” ; and on page 2. line 4, after “ unpaid,”
THE CALENDAR.
to insert “ if any.”
The PRESIDENT pro tempore. The question is on the
Mr. MYERS. I would ask the Senator from Wisconsin if
he will yield to me long enough to move that the Senate con motion made by the Senator from Utah [Mr. S m oot ].
Mr. McCUMBIOR. I move to lay the motion of the Senator
cur in the Plouse amendments.
The PRESIDENT pro tempore. The Senator in his right can from Utah on the table.
Mr. BACON. What is the motion, Mr. President?
make that motion.
@FedFRASER